HR 440 - Good for Immigrants

Mavishka,
What does this all mean? Anything helpful for people awaiting approval of 485

Please share your views..
 
H1Blayoff:

This is especially useful for people who have just filed their 485 and for those who are waiting to file. It appears that if passed by the House & Senate and signed by the President, permanent residence would be granted to people who have lived in the US for 5 years or more.
 
Good one and breather

This would make a lifesaver for people waiting in the GC queue at different stages. It may not help people already filed 485. Hope this becomes a law.
 
ADJUSTMENT OF STATUS OF CERTAIN 5-YEAR RESIDENTS TO THAT OF PERSON ADMITTED FOR LAWFUL PERMANENT RESIDENCE
Click to expand...



`SEC. 245B. (a) RESIDENT STATUS-

`(1) IN GENERAL- The Attorney General shall adjust the status of an alien to that of an alien lawfully admitted for permanent residence if the alien meets the requirements of this subsection.

`(2) TIMELY APPLICATION-

`(A) DURING APPLICATION PERIOD- The alien must apply for such adjustment during the 24-month period beginning on the date final regulations are issued to carry out this section.

`(B) INFORMATION INCLUDED IN APPLICATION- Each application under subparagraph (A) shall contain such information as the Attorney General may require, including information on living relatives of the applicant with respect to whom a petition for preference or other status may be filed by the applicant at any later date under section 204(a).

`(3) CONTINUOUS 5-YEAR RESIDENCE-

`(A) IN GENERAL-

`(i) 5 years- The alien must establish continuous residence in the United States during the 5-year period ending on January 29, 2003, and through the date the application was filed.

`(ii) TREATMENT OF CERTAIN ABSENCES- An alien shall not be considered to have lost continuous residence by reason of an absence from the United States permitted under subsection (b)(9).

_______________________________________________

What Does (3)(A)(i) mean ? ----- " and through ...."

1st part => Complete 5 years before Jan 29 2003.

2nd Part ? Should have maintained continuous residence till the date the application was filed ?

Will this exclude persons who were in the US say from 1990 -95 and went back to India ....comes to the US again in June 2003 ...


Very interesting post ...
 
It means you should have lived here continuously from Jan 29, 1998 to Jan 29, 2003 ("short" absences allowed), AND you are still here in the U.S. when you submit the application.

It will be interesting to know how this bill goes :)
Cross your fingers!
 
Does it mean someone who was a student in a US university (say, for PhD) and took at least 5 years to complete it automatically becomes a resident upon graduation ?
 
Guys

Lets cross the bridge when we get there .


Whew!!!!Even the Senators may not be debating the way you guys are doing
 
in the event you guys forgot,,, its the elephants thats in the house...I suspect that they would pass this,, its too Democtratic for the republicans to pass. Also, the issue of sept11 would be in the play for passing this....
 
The bill won't fly.. It's dead on arrival.. Stillborn brain child.. Unless I'm missing certain points of it (I admit I've just briefly scanned the text), it's akin to the infamous blanket amnesty of 1986 (which, BTW, has created the current processing backlogs)... In the present political climate, even to mention such a possibility is anathema. Certain extravagant bills are proposed in the Congress from time to time, but they serve more as a means of accumulating political capital and good publicity rather than resolving the issues.
 
I like the debate ...

There will be many genuine individuals & family who would like to go for it. It is always good to know what this bill is all about and follow it, like we did for AC21- it increased the H1B numerical limits, abolished per country I140 quota, introduced 7th year & further H1B extensions and introduced H1B and I140/I485 portability.

It may take a very long time to gather documents and any head start will help all. I do hope the bill will pass.

Thanks to Mavishka for posting this link.

I know for sure that the corporate world will throw its support behind it - it saves lots of hassles. I am a hiring manager for a very big corp and I know the agonies I suffer when I see my reportees' concern over their GC. The uncertainty affects my business.

I remember there was skepticism all around when we first heard AC21. AC21 , also known as S2045 was brought by Sen.Hatch, Republican.

S. 2045 - - American Competitiveness in the Twenty-first
Century Act of 2000
(Sen. Hatch (R) Utah and 24 cosponsors)

While S2045 was a bi-partisan bill, this HR 440 is Democrat sponsored.

see http://www.whitehouse.gov/omb/legislative/sap/106-2/S2045-s.html

AC21 had a big support from the corporate world. Right now, the corporate world may not be eager on retaining the increased H1B quota but would surely support any move which will ease the GC process. The tactics of using "GC" to control employees is not working well and has in fact become a boomerang. AC21 has added fuel to fire. Good employees have no dearth of good job offers even in this market.

Keep up the discussion and the debate

Thanks and Regards
 
Last edited by a moderator:
Requesting two minutes of your time

Here is more information on the Bill

This Bill was introduced by Luis Guiterrez (Illinois Congressman). It is mentioned on his main home page
http://luisgutierrez.house.gov/

Here is the email link to send a message to this congressman
http://luisgutierrez.house.gov/feedback.cfm?campaign=luisgutierrez&type=Let's Talk

Please send a Thank you note and your support to this bill. It will only take two minutes of your time. I am sure your comments will count. You can send emails even though you are not from this district (I did it already).


More information on the bill

Here is the list of congresspeople who support this bill

Joe Baca – DC
Eliot Engel – NY
Ciro Rodriguez – TX
Linda Sanchez – CF
Nydia Velazquez – DC
Charles Rangel – NY
Major Owens - NY

Status of the bill

1/29/2003:
Referred to the House Committee on the Judiciary.

3/6/2003:
Referred to the Subcommittee on Immigration, Border Security, and Claims.
 
Thanks for your posting tru. I just sent an email to Congressman Luis Guiterrez thanking him for HR 440.
 
Re: Requesting two minutes of your time

Originally posted by tru
More information on the bill
Here is the list of congresspeople who support this bill
Click to expand...

This bill is absolutely useless. All it says is that if you've lived in the US for 5 years, you can file an I-485. Guess what? Most people here already have an I-485. This does nothing for them.

Second, if you look at the cosponsors of the bill, these are the most left-wing members of the Democratic party in the House. The bill will go ABSOLUTELY NOWHERE.

Save your time and effort on something useful, like lobbying members of the Appropriations Committee to fund BCIS/DHS to acceptable levels. That will make a difference for you. This won't.
 
Just skimming through the bill, it seems that the bill will help 'illegal' aliens/immigrants to apply for adjustment of status once 5 years continuous stay is proved. If this happens, the whole I-485 process will be delayed a lot more than it is now. This bill will actually be detrimental for the legal aliens filing 485.
 
Hmmm .. now I wonder if I should thank him /support this bill, or say otherwise.
Something really strange in this country ... people fight hard for illegal immigrants at the expense of those who follow the legal procedures! :mad:
 
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