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How Can I
Start to Prepare for A Legalization Program?
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Many proposals are currently pending in
Congress and many more will likely be introduced that would allow
certain undocumented persons to earn legal status in the United States.
These proposals have not yet been passed, and it may take a long
time for any of them to become law. The Catholic Church in the United
States supports comprehensive immigration reform that will include a
fair and just earned legalization program.
What is
Legalization?
An earned legalization program would allow
undocumented foreign nationals living in the United States to file an
application for legal immigration status in the United States.
Depending on the proposed bill, undocumented people might be able to
apply for temporary legal status in the United States. Then
after a certain period of time in temporary legal status, they could
apply for lawful permanent residence in the United States based
on the amount of time they have lived and worked in the United States.
Or a proposed bill might permit an undocumented person to apply to
adjust from undocumented status directly to lawful permanent residence.
Because there is not yet a law on legalization, it is unknown exactly
how an undocumented person will be able to apply to obtain legal status
in the United States.
Lawful Permanent Residence means that a
foreign national would receive a “green card” permitting him/her to
travel to and from the United States. The green card would also permit
immigrants to work legally in the United States. Then, a certain time
after receiving a green card, the immigrant may apply to become a U.S.
citizen.
How Should An
Undocumented Foreign National Prepare NOW for Legalization?
Although no one knows when Congress will pass a
law permitting undocumented people to apply for legal status, the
Catholic Church believes that whatever law ultimately passes will
require that undocumented foreign nationals prove at least three things:
The Catholic Church in the United States recommends
that immigrants living in the United States without documentation start
gathering valid documentation NOW to prove their identity, that
they have been living and working in the United States, and that they
have not been involved in certain criminal conduct while living in the
United States.
Gather all documentation
and keep it in one secure location. It is a good idea to make clear
copies of all documents.
BEWARE OF NOTARIOS AND IMMIGRATION
CONSULTANTS who offer help filing
applications with the government. Many of these consultants have taken
advantage of undocumented immigrants by filing applications on behalf of
undocumented foreign nationals without verifying whether the individual
is actually eligible for the immigration benefit. Congress has not yet
passed any law that authorizes the legalization of undocumented people!!
If a person offers to file an application for legalization on behalf of
an undocumented foreign national, they may be putting that foreign
national in danger of deportation!!
We strongly
suggest foreign nationals seek legal assistance only from a
Board of Immigration Appeals (BIA) recognized
non-profit organization such as Catholic Charities or from a licensed
attorney.
August 3,
2005
DISCLAIMER: This handout is not legal advice. It is for educational and
informational purposes only. If you know of someone who needs legal
advice, advise him or her to consult either a licensed immigration
attorney or an
accredited representative from a
Board of
Immigration Appeals (BIA) recognized agency.
An undocumented foreign
national should not seek legal advice from a notario or an “immigration
consultant” who is not accredited by the BIA. |
