Immigration Law

MENENDEZ INTRODUCES RECAPTURE BILL IN SENATE

By Greg Siskind

Senate Bob Menendez (D-NJ) has introduced S. 3514, the Reuniting Families Act, a bill to recapture unused family and employment-based green cards which were left on the table in the years 1992 to the present. The bill would also change the per country limit of 7% to a more reasonable 10%. Indians, Chinese, Mexicans and Filipinos would benefit greatly from that provision.

It would also make important changes to the 3 and 10 year bars for unlawful presence including raising the age when unlawful presence begins from 18 to 21. The bill would also exempt applicants from the bar if they had a current priority date on or prior to the enactment of the bill if the person is otherwise admissible. The bill would also make it easier to secure a waiver of the bars by making it only necessary to show a hardship (as opposed to an extreme hardship) and allowing a showing of a hardship to a parent in addition to the current law's allowance of a showing of a hardship to a spouse, son or daughter. Also, the federal government would be able to approve a waiver on humanitarian grounds even if there is no qualifying family relationship. 

A companion bill, HR 6938, has been introduced by Rep. Honda (D-CA) in the House of Representatives.

recapture bill - Get more Business Documents

Full post as published by Greg Siskind's Blog on September 23, 2008 (boomark / email).