Opinion

Preparing for amnesty

IMMIGRATION CORNER - Michael J. Gurfinkel - The Philippine Star

July 21, 2024 | 12:00am

For decades, the president and Congress have been preaching and campaigning on the need for immigration reform. Every few years, a proposal is made for “comprehensive” immigration reform. In fact, just after Biden was elected president, he submitted a proposed amnesty bill, but it went nowhere, because the Democrats and Republicans refused to compromise.

Although there is no amnesty yet, there are still things you can do now in order to prepare yourself to document eligibility. To be clear, the following suggestions are based on my opinion and the requirements of previous amnesty proposals. They are also relevant in connection with applying for most existing immigration benefits:

• Manner of entering the US. Practically all immigration benefits ask how the non-citizen originally entered the US. Did you enter on a visa? Did you enter without inspection (stuck across the border)? Therefore, make sure you have the passport containing the visa you originally entered on and keep it in a safe place.

• Continuous residence in the US since a specific date. Many of the proposed amnesties required a person to prove they entered the US before a specific date and have resided in the US continuously since that time. For example, DACA (Deferred Action for Childhood Arrivals) applicants had to prove they entered the US before June 2007. Those seeking eligibility under section 245(i) had to prove they entered the US before December 2000, etc. Therefore, make sure you gather documents showing when you arrived in the US and your continuous residence. These could include your arrival/departure record (I-94), driver’s license, tax returns, leases, cell phone bills, bank statements, doctor’s records and other documentation showing you have been in the US for a particular length of time, as required by whatever amnesty may be proposed.

• Immigration history. Many people have applied for a whole host of immigration benefits, whether eligible or not. They have denials, fixed marriages, fraud or may have been placed in deportation/removal history. Whenever anyone applies for any immigration benefit (including a proposed amnesty), their immigration history and violations could come up and could affect their eligibility. Therefore, you should gather those types of documents. If you do not have them, it is possible to obtain copies of your files from DHS (Department of Homeland Security) or the immigration courts, which an attorney could review and evaluate.

• Criminal history. Some people have a criminal record, whether it’s a DUI, domestic violence, etc. Some people have had the charges dropped or expunged. Others pleaded guilty based on assurances they would not have to serve time in jail. It is true that many convictions may not have immigration consequences (or waivers are available), but others could disqualify a person from being eligible for an amnesty (or other immigration benefits) or possibly trigger deportation/removal proceedings. Therefore, it would be important to obtain copies of criminal records. You may want to do so before you are told by the court that the records were “destroyed” because they were old records.

Obviously, unless and until there is an immigration bill passed by Congress and signed by the president, there is no amnesty to apply for at the present time. However, in the meantime, you still have the opportunity to gather documents and evaluate your immigration and criminal history, which could affect your eligibility.

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