Friday, April 5, 2013

The House Proposes Three Pathways to Citizenship


On April 2nd, The New York Times reported on a bipartisan immigration proposal being prepared in the House of Representatives.  This proposal would offer three distinct pathways to citizenship for the nation's estimated 11 million undocumented immigrants.  This is in contrast to the Senate plan, which would provide one pathway to citizenship for undocumented immigrants already in the country.

The House plan would basically divide undocumented immigrants into three groups.  The first group would include undocumented youth (also known as “dreamers”), who were brought to the US as children, and low-skilled agricultural workers.  This group would qualify for expedited legal status.  It would be interesting to know what "expedited" really means - weeks, months, years?

The second group would include undocumented immigrants who would otherwise be able to apply for legal status through a family member or employer, except that they are currently out-of-status (expired visa) and are subject to a 3 or 10 year bar if they leave the country.  The House bill would supposedly ease the 3/10 year waiting period, but would still require them to return to their country at some point in order to apply for adjustment of status.  Without more detail, it is hard to see how this portion of the House plan differs all that much from the current law.

The last group includes all undocumented immigrants who do not fall into groups 1 or 2.  This group would have the longest pathway to citizenship.  They would be allowed to apply for provisional legal status if they came forward, admitted to breaking the law, paid fines and back taxes, and learned to speak English.  This provisional status would allow them to work and live in the U.S. legally.  After ten years, they would be allowed to apply for a green card.  Ten years is a long time to wait, especially if you've already been living in the U.S. for a while.