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Comprehensive Immigration Reform (CIR):  From Proposal To Law

5/21/2013

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Two weeks ago, Vice President Biden said that he hopes that “Congress will show the wisdom to pass the bipartisan immigration bill by the end of the summer.  They must, and I'm optimistic.”  Like Vice President Biden, we are also anxious to see Congress pass immigration reform as soon as possible.

For the last two weeks, the Senate Judiciary Committee, the committee in charge of drafting and sending the immigration bill to the Senate floor, has been reviewing proposed amendments to the immigration bill.  The process they are engaging in is known as a “mark-up,” a formal legislation revision process.  Once the Judiciary Committee has finished reviewing and voting on the amendments, and after it approves the bill by unanimous consent, the committee will send the bill to the Senate floor for a vote.  

The House, unfortunately, is a few steps behind the Senate.  House negotiators only just reached a deal on their bipartisan immigration bill on May 16th.  They hope to release their bill in early June.  Once they release their bill, the House Judiciary Committee will go through the same amendment process that the Senate is now engaging in.  After their amendment process is finished, the committee will vote on whether to place the bill on the House floor for a vote.

If both the House and the Senate are able to muster the votes to pass immigration reform legislation, House and Senate leaders can then participate in a formal conference committee during which the two houses will attempt to resolve legislative differences between the two versions of the bill.  Once the bill is agreed to and signed by the leader of each house, the bill will then go to the President for his approval or veto.  Then and only then will we finally be able to celebrate.

As you can see, there are many steps and potential obstacles to passing immigration reform legislation.  However, despite the long wait ahead, we finally see a light at the end of the tunnel and will be ready to celebrate with our clients when the time comes!



Carly Stadum-Liang, Esq.

8 Comments

New Immigration Bill Shouldn't Prioritize Business Over Family Immigration

5/2/2013

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Family unification has long been the foundation of the U.S. legal immigration system. This reflects our American values of keeping families united and strong. The HMA Law Firm therefore applauds the Senate's efforts to decrease the backlogs in the family-based immigration system. Current backlogs keep U.S. citizen parents apart from their adult children for, on average, about seven years, and brothers and sisters of U.S. citizens apart for about 12 years. The bill proposes to eliminate, over 10 years, a backlog of 4.7 million immigrants who have been been waiting for their green cards based on their relationship to U.S. citizen relatives.

However, here at The HMA Law Firm, we are concerned with the bill's proposal to eliminate the family-based visa category for siblings of U.S. citizens. The purpose of eliminating this category is to free up additional green card for other categories, including employment based green cards. The Senators proposing this legislation evidently think that the U.S. cannot increase employment-based immigration without decreasing family-based immigration. However, this is a wrong-headed notion, based on the faulty assumption that the U.S. can only absorb a fixed number of immigrants at a given time, even though, as history suggests, our nation's demand for immigrants is constantly in flux. Further the bill's writers seemed to have forgotten that family-based immigration supports the goals of employment-based immigration. Research shows that “close family relationships facilitate entrepreneurship because family members can support in caring for children and working in family-based businesses.” Getting rid of the sibling visa category will reduce the amount of family support that U.S. citizen entrepreneurs need to successfully run their businesses.

The Senators working on the Senate immigration bill, called the “gang-of-eight,” do not need to make this false choice between increasing employment-based immigration or supporting continued family-based immigration. Instead, they can increase skilled, employment-based immigration, while at the same time maintaining the same family-based sibling category that has been proven to spur on entrepreneurship in immigrant communities. We hope that as the Senate Judiciary Committee continues to make changes to its immigration bill, it will restore the sibling family based immigration category. It must do so to uphold our American values of fairness and inclusion. 

Carly Stadum-Liang, Esq.

9 Comments
    DISCLAIMER: If a blog post you read here contains case results, be advised that case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

    Authors

    Sharifa Abbasi, Esq.
    Hassan M. Ahmad, Esq.
    Humza Kazmi, Esq.
    Faisal Khan
    ​Valeria Prudencio
    Carly Stadum-Liang, Esq.

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