Access to Earned Adjustment Status and Mandatory Departure and Reentry Program,
S 2611 section 254B and 245C:
1. Access to Earned Adjustment – S 2611 section 245B
a. Basic Requirements:
i. The alien must be in the U.S. for equal to or more than 5 years before April 5, 2005
ii. The alien was” illegal” on April 5, 2006 – illegals are:
1. Those who crossed the border
2. Those who overstayed their visa
iii. The alien must be employed for at least 3 years during the 5 year presence in the U.S. and continued to be employed for the next 6 years (there are exceptions to this which I will not write right now)
iv. The alien must pay back taxes during the period of employment
v. The alien is not eligible for 2006 tax refund and not allowed to claim any Earned
Income Tax Credit or any other Tax Credit before 2006 – NEW
AMENDMENT
(Senator Ensign)
vi. The alien must pay $3250 fines – NEW AMENDMENT
vii. The alien must acquire English language skills
viii. The alien must possess “good moral character” – NEW
AMENDMENT
1. No criminal record
2. Those who have been convicted of felony charges cannot adjust their status
3. Those who have three or more misdemeanor convictions also cannot adjust their status
4. Those who have been in the deportation proceedings and do not comply with the order cannot adjust their status
b. Treatment of Applicants who adjust their status:
i. They will be granted work authorization
ii. They can travel out of the country
iii. After 6 years, they can adjust their status to be Permanent Residents
iv. When they adjust, their application will be put at the end of the line of adjustment applications, behind those who come legally i.e. family-based adjustment
2. Mandatory Departure and Reentry Program – S 2611 section 245C
a. Basic Requirements:
i. The alien must be in the U.S. since January 7, 2004
ii. The alien was “illegal” since January 7, 2004
iii. The alien must have a job (or jobs) (full-time, part-time or self-employed) and have been working during the stay in America
iv. The alien must surrender any social security number(s) and false identification(s)
v. The alien must submit to fingerprinting requirements
b. Treatment of Applicants who apply for Mandatory Departure and Reentry Program
i. If granted, the alien must voluntarily leave the U.S.
ii. The alien then can apply for admission to the U.S. as an immigrant and be allowed to come back without interview
iii. The alien then must pay $1000 and $500 for each independent (such as wife and children) he or she brings
iv. The alien is not eligible for public benefits or social welfare
Details: LAW NEPAL: The Law is above the King !
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