QUESTION

Is America going to legalize all illegal and 'out of status' immigrants?

Asked on Jan 28th, 2013 on Immigration - Florida
More details to this question:
My wife and I entered legally in US in Nov 2011 on B1/B2 visa and have been legally applying for L1 visa since. We got approval, then denial and now we have applied for motion. I dont know what will be the outcome. Do you think that if the US govt legalizes all illegals here, will we get legal status too? I had been previously in USA for many yrs, and went back to my country. I came back to US in Nov 2011 and tried to legally change my visa to L1A.
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2 ANSWERS

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Generally speaking, applying for a motion to reconsider or to reopen and immigration decision does not give you legal status. Unless you have some other underlying legal status, you would be considered illegal even during the time of filing a motion. If comprehensive immigration reform (CIR) passes, the final outcome of the legislation will determine whether you and your wife are benefited. I note that you and your wife legally entered the US in November 2011 and so have only recently fallen out of status. The question will be what cutoff date for becoming illegal will be stated if and when CIR passes for the undocumented to gain benefits. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Feb 22nd, 2013 at 5:56 PM

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It is important to know that you are not authorized to remain in the U.S. while your motion to reconsider/reopen the denied I-129 petition is pending. You are also accruing unlawful presence that could affect your ability to consider other options for the U.S. in the future. What was the reason for the L-1 denial? Have you looked at other strategies other than the motion to reconsider/reopen? There is strong momentum for immigration reform right now, but no one knows if anything will happen or what it will look like. There is no way to speculate whether it would address someone in your situation. President Obama spoke in Las Vegas, Nevada, on his immigration reform ideas and released a statement one day after a bipartisan group of senators proposed principles for comprehensive immigration reform, on January 28, 2013. A fact sheet on President Obama's immigration reform proposal outlines four principles: First, continue to strengthen our borders. Second, crack down on companies that hire undocumented workers. Third, hold undocumented immigrants accountable before they can earn their citizenship; this means requiring undocumented workers to pay their taxes and a penalty, move to the back of the line, learn English, and pass background checks. Fourth, streamline the legal immigration system for families, workers, and employers. Among other things, President Obama's proposal includes providing visas to foreign entrepreneurs who want to start businesses in the United States and "helping the most promising foreign graduate students in science and math stay in this country after graduation, rather than take their skills to other countries." He also would provide a legal way for undocumented people to "earn citizenship" by passing national security and criminal background checks, paying taxes and a penalty, "going to the back of the line," and learning English. President Obama's proposal would permanently authorize immigrant visa opportunities for regional center (pooled investment) programs; and provide incentives for visa requestors to invest in programs that support national priorities, including economic development in rural and economically depressed regions. The proposal would create a new visa category for a limited number of highly skilled and specialized employees of federal national security science and technology laboratories who have been in the United States for two years. I would recommend meeting with an experienced immigration attorney to discuss alternative strategies for your case. Regards, Andrew M. Wilson, Esq. Serotte Reich Wilson, LLP www.srwlawyers.com awilson@srwlawyers.com  
Answered on Jan 31st, 2013 at 10:22 AM

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