Q82: The Senate Judiciary Committee passed immigration proposals yesterday, October 20, 2005. I see that one of the proposals includes a provision that allows aliens to apply for I-485 before an immigrant visa number is deemed currently available. Can you tell me whether this provision will apply to those whose labor certification has already been approved or I-140 petition has been approved, but could not file I-485 applications? A: We do not have details of this specific provision, but it is almost certain that the current waiters for the visa number availability to file I-485 may be covered by this bill if it is enacted into law. Besides, all those over 300,000 labor certification beneficiaries who are currently stuck at the Backlog Centers will be able to file the concurrent I-140/I-485 together with applications for EAD and Advance Parole as soon as their labor certification is approved. For the PERM filers, of course, they will be able to file such concurrent I-140/I-485/I-765/I-131 as soon as the PERM application is certified. All those RIR and PERM beneficiaries will also be allowed to change employment after 180 days of filing of their I-485 applications regardless of the visa number availability! One interesting question is how this bill affect the importance of priority date. The answer is that it will drastically reduce the value of the priority date in that the only difference which the priority date will make between those who filed (RIR)with an earlier priority date and those who filed (PERM) with a much later priority date will be just different waiting times. When it comes to the immigration benefits, such as EAD, AP, and AC21 change of employment after 180 days, the people in these two different groups will enjoy the same! What a marvellous proposal!
Q83: I am not too familiar with the legistrative process. Now, the Senate passed the immigration proposals yesterday, October 20, 2005. Does it mean that probably next month, I will be able to file I-485 application? A: Under the Constitution of the United States, either House (House of Representatives or Senate) can initiate the legislative process in most cases. Or the two Houses can initiate the legislative process simultaneously. Within each House, the bill is first introduced and goes through the relevant Committees and Subcommittees. The Committees' bill is then presented to the full floor of that House. Statistically, the full floor usually rubber stamps the Committee bills in most cases. Accordingly, the major struggle lies with the Committee actions. If one House initiates alone, the bill moves to another House for its action. In the another House, a same process will take place before the another House either amend and pass or reject the bill or just approve the bill. Where two Houses initiate similar bills either simultaneously or sequentially, and the two Houses passe similar bills with difference in some provisions, then the bills go to the Conference committee that is consisted of the House and the Senate. If the Conference Committe reaches a compromise, the bill then goes back to each House and the full floor of each House will either pass or reject it. Statistically, rejection of the Conference committee compromise is very rare. Once the bill is finally passed by the two Houses, then it is presented to the President for his signature. The President has a power either to consent and sign it into law or veto the bill within 10 days. The so called "statute" or "law" takes effect "upon President's signature." Accordingly, even if the Congress passed a bill, there will be no law until the President signs it into law. This legislative process will tell you two things. The bill which the Judiciary Committee in one House, the Senate, passed yesterday is not a law. Second, for this bill to become a law, there is a long road ahead and will go though a painful struggle in both Houses. Roll up your sleeves and work on lobbying!!