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IMMIGRATION QUESTIONS AND ANSWERS:
Mr. C. Adams is an American lawyer of Moroccan heritage.
He immigrated to the United States more than twenty years ago. He graduated from John Jay College of Criminal Justice in New York and later received his Juris Doctorate (Doctorate of Laws) from Hofstra Law School in New York.
A new immigration draft bill in the Senate
Senator Edward Kennedy (Democrat from Massachusetts) and Senator John McCain (Republican from Arizona) are planning to introduce a new, and much more humane, immigration bill concerning legalizing the statuses of undocumented immigrants.
The Senate is planning to introduce this immigration bill next month. It may pass by March or April.
They are calling it a fast track to citizenship for illegal aliens.
The House of Representatives is expected to consider its version to regularize the undocumented immigrants later.
Details of the bill, which would most likely be introduced early next month, are being drafted.
Senator Edward M. Kennedy, who, by next month, is expected to be the chairman of the Senate Immigration, Border Security and Citizenship Subcommittee has declared, "I am very hopeful about this, both in terms of the substance and the politics of it."
The plan under consideration would allow about 11-million undocumented immigrants to become eligible to legalize their statuses without returning home and start over, up from 7 million in the previous Senate bill.
To qualify, the undocumented immigrants would have to:
(1) pass background checks,
(2) pay back taxes,
(3) remain employed,
(4) pay fines, and
(5) enroll in English classes.
The lawmakers are also considering denying financing for 700 miles of fencing along the border with Mexico.
While this bill is still in the drafting phase, there are some encouraging signs in the Senate. However, it may be somehow tougher with the House of Representatives.
I will promptly keep all readers informed of the details and any new development that may occur.
Attorney C. Adams
Question 1.
My name is Jaouad. I won the Diversity Visa and I recently came from Morocco. I live in Alexandria. I applied for a Social Security Card and I am still waiting for it. Recently, I found a job. Can I start to work without a Social Security card?
Answer:
Dear Jaouad,
AILA's SSA liaison committee notes the following:
"[C]contrary to popular belief, neither immigration law nor federal tax law requires an individual to possess an SSN to begin working. IRCA does not require an employee to present an SSN Card but, rather, lists the Card as a possible "List C" document of work authorization. Similarly, the Internal Revenue Code does not require an employee to possess an SSN to begin working. It requires only that an application for an SSN be made within seven days of commencing employment for taxable wages. 26 USC § 6011; 26 CFR § 31.6011(b)-2. Usually, the real obstacle to commencing employment is the software of a third-party payroll preparer, which cannot generate a paycheck without the number. Under these circumstances, if permitted by its system, the preparer can use a "dummy" SSN solely to generate a paycheck, provided the actual SSN or other required information is provided on the information returns at the time of filing. Further instructions are on the SSA web site at www.ssa.gov/employer/ . For further information, see Social Insecurity:" Aliens, Employers, and Social Security Requirements, 2 Immigration & Nationality Law Handbook, 367 (2004-05 Ed.)"
Question 2.
My name is M. L. and I am a student. With an F-1 Visa. An employer sponsored me and filed I-140 (employment) and I filled I-485 (Adjustment of Status.) I also filed I-765 for an EAD. What is going to happen to my F-1 status if I use the EAD?
Answer:
Dear M. L.,
First, What is an EAD?
"EAD" means Employment Authorization Document. This document is issued by the United States Citizenship and Immigration Services to those who are not holders of Green-Cards, but are authorized to work.
I-140 means that an employer is sponsoring you.
I-485 means that you are applying for a Green-Card. Some people who prefer to use fancy words call it "Adjustment of Status."
Now, let’s look at two possible scenarios:
The first is that you received your Employment Authorization Document and you start working with it while waiting for your Green-Card to be approved. The second scenario is that you received your Employment Authorization Document but you did not work with it. So, let's apply that!
1) If you use the Employment Authorization Document to work with it:
You will lose your F status. That means you would be in what is called I-485 pending status. In other words, if your I-485 application is denied before you complete your study at school, you can no longer stay in the United States to finish your study. You must leave.
2) If you do not use the Employment Authorization Document to work at all:
You may keep the F-1 status and be able to stay and finish your study even though your I-485 is denied by the United States Citizenship and Immigration Services.
Question 3.
I arrived to the United States five months ago and I am still waiting for my Permanent Resident Card (Green-Card.) Three months ago, I have moved to a new address and I am still waiting.
Answer:
Dear Aziza,
You must file a ‘Change of Address," which is Form AR-11. Must keep a copy of it.
Also keep evidence of mailing the Form AR-11 such as a receipt from the post office.
Moreover, you try to call the National Customer Service Center (NCSC) to inform them of your change of address and ask about the outcome of your Permanent Resident card.
Then, if things did not work out and your Permanent Resident card did not arrive, you may file "Form I-90" to obtain a new card.
Question 4.
My name is Rachid and I am a student with an F-1 Visa. Can I apply for an EAD?
Answer:
Dear Rachid,
Again, "EAD" means Employment Authorization Document. This document is issued by Immigration and Naturalization Services to those who are not holders of a Green-Cards, but are authorized to work.
A student can be entitled to file for an Employment Authorization Document in the following situations: a) if he or she applies for a Green-Card." (Some people who prefer to use fancy words call it Adjustment of Status),
b) was offered off-campus work under the sponsorship of a duly qualified international organization, c) when a student is seeking "Optional Practical Training" in an occupation directly related to his or her studies, or d) is seeking off-campus employment due to severe economic hardship.
Question 5:
In 2002, I came to America from Morocco with a tourist visa. Since then I overstayed my visa and never went back. What are the immigration consequences?
Ahmed from Queens, New York
Answer:
Dear Ahmed,
If you remain beyond your expiration date, you are subject to one or more of the followings:
1) If you overstayed by one day:
The only right you are left with is to apply for a nonimmigrant visa from Morocco. Your alternative to apply for a nonimmigrant visa from another country is now lost.
A word of caution: Even though you may apply for a nonimmigrant visa from Morocco, the US Consulate in Casablanca my take in consideration the fact that you overstayed your visa by one day and they may deny you application.
2) If you overstayed by 180 days:
You have three-year bar to return to the U.S.A. This bar is applicable only if you leave voluntarily.
3) If you overstayed by one year:
You have ten-year bar to return to the U.S.A. Also, this bar is applicable only if you leave voluntarily.
Any individual who falls under 1), 2), or 3) above cannot complete his or her case without leaving the United States. There are some exceptions to this rule. One of them is 245(i) [which I will explain in detail next week.] The second exception is when an individual marries an U.S. citizen. In other words, if an alien, who overstayed beyond the expiration date and was lucky enough not to be removed by USCIS, and later married an U.S. citizen, he or she can apply for a Green-Card (adjustment of Status) without leaving the United States.
Disclaimer: This information is intended for information purposes only and is of a general nature and may not apply to any particular set of facts or circumstances. It is not a "legal advice. It is not intended to substitute for obtaining legal advice from an attorney. This information does not intend to create an attorney-client relationship.]
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