Immigration reform is dead for this year. While the future of legalization, amnesty or a path to citizenship is hard to know, my guess is that we won’t see comprehensive immigration reform pass for several years. So, beginning today, I will discuss the opportunities that exist for undocumented and out-of-status immigrants to get permanent residence. Today I discuss two avenues to permanent-resident status that stand as last resorts: cancellation of removal -- for people here 10 years or longer; and the private bill -- an act of Congress granting you permanent residence. Both require exceptional circumstances, both require strong advocacy, and both require strong proof of hardship.
Cancellation of removal
The Immigration and Nationality Act uses the term “cancellation of removal” in several sections. Here, we are concerned with cancellation of removal for those undocumented immigrants here 10 years or longer. Beyond having the 10 years, you must prove that your U.S.-citizen or permanent-resident spouse, parent or child will suffer “exceptional and extremely unusual hardship” if you are deported. That’s a high standard.
Be warned: You can apply for cancellation of removal only in an immigration court. If the judge grants your application, you become a permanent resident. However, if you lose, the judge may order you deported. If you think that you qualify for cancellation of removal, don’t just walk into a U.S. Citizenship and Immigration Services office. An officer might detain you on the spot. If you want to apply for cancellation of removal, get advice from an immigration attorney or an accredited not-for-profit representative.
What is exceptional and extremely unusual hardship? To a certain extent, that’s up to the immigration judge that hears the case. At a minimum, it goes beyond the unusual hardship that anyone would suffer if separated from a parent, child or spouse.
Private bills
A private bill is an act of Congress granting permanent residence or U.S. citizenship to an individual. It’s a law with your name on it. Just like any other piece of federal legislation, it must pass both the House of Representatives and the Senate, and then the president must sign it. These days, Congress passes very few private immigration bills. Years ago, private bills were more common. Then, in the 1980s, the FBI caught some congressional representatives taking bribes to push private bills. After that, private bills got much more scrutiny.
Congress is most likely to pass a bill for you if you have exhausted all other remedies. In other words, you’ve done what you can to get a green card, but the law doesn’t give you a way out. An example might be a person with a minor criminal record that makes him or her ineligible for permanent residence. Suppose the person is the parent of a young U.S.-citizen child and is married to a U.S. citizen. Add to that scene some special factor, like the child is a sports star or has a serious medical condition, and you may have a sympathetic case.
The first thing you need to do to get a private bill passed for you is to get a representative or U.S. senator to introduce it. You don’t apply to Congress for a private bill. Your senator or representative must do that for you.
While few undocumented immigrants are likely to get private bills, I’d like to see more people try. If Congress hears about all the sympathetic cases that are out there without remedy, maybe it will act to change the laws.
Envíe preguntas y comentarios a Allan Wernick
300 W. 57th St., New York, NY 10019.
Su sitio web es : www.allanwernick.com
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