Archive for the 'Y-Visa' Category

Bush Senate Z-Visas Allow Family Reunify No Touchback

May 19, 2007

The Z-visa has 3 categories. The Z-1 is for anyone in the US illegally up to Jan 1, 2007.

http://truthlaidbear.com/immigrationbill0518.php?page=260

(b) Definition of Z nonimmigrants- Section 101(a)(15) of the Act
(8 U.S.C. 1101(a)(15)) is amended by inserting at the end the
following new subparagraph14
“(Z) subject to Title VI of the [Insert title of Act], an alien
who-

“(i) is physically present in the United States, has
maintained continuous physical presence in the United
States since January 1, 2007, is employed, and seeks to
continue performing labor, services or education; or

“(ii) is physically present in the United States, has
maintained continuous physical presence in the United
States since January 1, 2007, and

“(I) is the spouse or parent (65 years of age or older) of
an alien described in (i); or

“(II) was, within two years of the date on which [NAME
OF THIS ACT] was introduced, the spouse of an alien
who was subsequently classified as a Z nonimmigrant
under this section, or is eligible for such classification,
if-

“(aa) the termination of the relationship with such
spouse was connected to domestic violence; and

“(bb) the spouse has been battered or subjected to
extreme cruelty by the spouse or parent who is a Z
nonimmigrant.

== Based on the above, it appears that the Z-2 and Z-3 must have been in the US on Jan 1, 2007 and stayed here since then.

==Following was an earlier draft and now appears to be incorrrect.

Z-1 Visa holders can bring in their family on Z-2 and Z-3 visas. This requires no touchback by the Z-1 Visa holder.

When they tout the Z-visa as ending family reunification, they just mean you can’t bring in your adult brother or sister directly. But you can bring in your parent on a Z-2 and they can bring in their children on a Z-3, and your parents children often turn out to be your brothers and sisters.

They say it ends chain migration. But as the above shows, it only makes it a little harder. Under current law, arranged marriage counts as family reunification. Under this law, you can likely have an arranged marriage, usually into Pakistan or Afghanistan, and that will still count. These arranged marriages are where the spouses have never met, but are married, the visas arranged, and they meet under the family reunification program for the very first time.

The Y Visa “temporary guest worker program” is what requires the touchback. The Z-visa does not.

GOP Sellout
A senseless giveaway on immigration.
By Brian Darling

Title VI of a draft copy of the bill breaks down amnesty visas into three categories:

 

  • Z-1 — Illegal aliens present and working in the United States up to Jan. 1, 2007.
  • Z-2 — Parents and spouses of illegal aliens qualifying under the Z-1 category.
  • Z-3 — Children of illegal aliens qualifying under the Z-1 category.These “Z Visa” holders can stay in the “Z” status indefinitely, which means they never have to pursue “a pathway to citizenship.” They also would be able to get Social Security numbers and benefit from some welfare programs. Shockingly, there is no cap on the numbers of amnesty recipients in the draft language. The only thing the Z Visa holder can’t do is vote — until, that is, a liberal judge declares this limitation unconstitutional or until a liberal president can railroad through a “technical corrections” bill.
  • White House disputes above, but not with same level of technical detail and doesn’t mention Z-2 visa, or Z-3 visa, just Z visa.

    http://www.whitehouse.gov/infocus/immigration/

    FACT: Workers approved for Z visas will be given a temporary legal status, but they will not enjoy the full privileges of citizens or Legal Permanent Residents, such as welfare benefits and the ability to sponsor relatives abroad as immigrants.

    This gives a conflict with the other source above. Below is a reference to info from the White House March 30, 2007 proposal. That also has the language:

    “6- A Z visa holder cannot offer derivative status to family members who are abroad.”

    ImmigrateUSA Written by David Hart Friday, 30 March 200

    The White House may be going by this March 30, 2007 summary instead of what came out of Kennedy’s plan. When the White House Summary was posted, the bill had not been finished. It may be that there are different drafts floating around or that the White House just reverted back to its earlier talking points. Its FAQ type format document may have been written in March or April 2007. Six Senators say wait for the draft to be available on the internet.

    http://www.redstate.com/files/051607Immigration.pdf

    Teddy Kennedy gave La Raza (“The Race”) and other special interest groups veto authority over the Senate compromise with “Republicans” led by Senator John Kyl.

    ==American Immigration Lawyers Association, AILA says there is a Z-2, Z-3

    http://www.aila.org/content/default.aspx?bc=1019%7C6712%7C8844%7C22365

    Summary of Senate “Grand Bargain”
    Cite as “AILA InfoNet Doc. No. 07051768 (posted May. 17, 2007)”

    Title VI

    This title provides a new visa for most individuals currently living within the U.S. illegally.

    • Creates a new four-year, renewable “Z” nonimmigrant visa to address the undocumented population within the U.S. The visa is split up into three groups:
      • a principal or employed alien (Z-1),
      • the spouse or elderly parent of that alien (Z-2),
      • and the minor children of that alien (Z-3).

    Probationary, the Permanent Z Status: Once an applicant submits a completed application, fingerprints, and is cleared by one-day background checks he will receive probationary benefits which can eventually be converted to a Z nonimmigrant status after all background checks are clear and the triggers set forth in Title I are achieved.

    It may be the White House meant the above step had to be completed? That doesn’t seem to get them out, since they are saying those approved for the Z-visa can’t bring in relatives, in conflict with these other sources.

    =Wait in line only for Green card, not Z-visa

    FACT: To apply for a green card at a date years into the future, Z visa workers must wait in line behind those who applied lawfully, pay an additional $4,000 fine, complete accelerated English requirements, leave the U.S. and file their application in their home country, and demonstrate merit based on the skills and attributes they will bring to the United States.

    ==They will empty the green card holder line.

    http://www.whitehouse.gov/news/releases/2007/05/20070517-7.html

    Family Members Who Have Applied Legally, And Lawfully Waited Their Turn In Line, Will Receive Their Green Card Within The Next Eight Years. Today, millions of family members of U.S. citizens wait years in line for a green card, with some waits estimated at as long as 30 years.

    ==

    GunnyRet03 (link here) at Military.com points out the unfairness of the Z-2 and Z-3 visa concept, i.e. that an illegal can bring in their parents and their children ahead of others who have waited. Y visa holders can’t bring in parents or children, so Z-visa holders get better treatment than Y-visa. Z’s came in illegally on or before Jan 1, 2007, while Y’s come in legally after the legislation is passed.

    GunnyRet03 links to Redstate on the Z-2 visa ,Z-3 visa issue.

    “I have called and emailed, both Senators, my Congressman the WH and the RNC and DNC.

    And will continue to do so.”

    ==S 2611 from 2006 had a 5 year before enactment requirement for amnesty.

    http://thomas.loc.gov/cgi-bin/query/F?c110:1:./temp/~c110gPhkS8:e541345:

    SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

      `(a) Adjustment of Status-
      • `(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
        • `(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
        • `(B) CONTINUOUS PHYSICAL PRESENCE-
          • `(i) IN GENERAL- The alien shall establish that the alien–
            • `(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
            • `(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
            • `(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
          • `(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
        • `(C) ADMISSIBLE UNDER IMMIGRATION LAWS- The alien shall establish that the alien is not inadmissible under section 212(a) except for any provision of that section that is waived under subsection (b) of this section.
        • `(D) EMPLOYMENT IN UNITED STATES-
          • `(i) IN GENERAL- The alien shall have been employed in the United States, in the aggregate, for–
            • `(I) at least 3 years during the 5-year period ending on April 5, 2006; and
            • `(II) at least 6 years after the date of enactment of the Immigrant Accountability Act of 2007.

    ==Now its just on or before Jan 1, 2007. This is quite different and rewards those who came illegally after Kennedy put his bill out.

    FACT: To be eligible to apply for a Z visa, illegal immigrants must prove they were in the country prior to January 1, 2007.

    http://www.whitehouse.gov/infocus/immigration/

    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:

    == S 2611 Requirements on documentation:

    (iv) EVIDENCE OF EMPLOYMENT-

            • `(I) CONCLUSIVE DOCUMENTS- For purposes of satisfying the requirements in clause (i), the alien shall submit at least 2 of the following documents for each period of employment, which shall be considered conclusive evidence of such employment:

    `(aa) Records maintained by the Social Security Administration.

    `(bb) Records maintained by an employer, such as pay stubs, time sheets, or employment work verification.

    `(cc) Records maintained by the Internal Revenue Service.

    `(dd) Records maintained by a union or day labor center.

    `(ee) Records maintained by any other government agency, such as worker compensation records, disability records, or business licensing records.

            • `(II) OTHER DOCUMENTS- An alien who is unable to submit a document described in subclause (I) may satisfy the requirement in clause (i) by submitting to the Secretary at least 2 other types of reliable documents that provide evidence of employment for each required period of employment, including–

    `(aa) bank records;

    `(bb) business records;

    `(cc) sworn affidavits from non-relatives who have direct knowledge of the alien’s work, including the name, address, and phone number of the affiant, the nature and duration of the relationship between the affiant and the alien, and other verification information; or

    `(dd) remittance records.

          • `(v) BURDEN OF PROOF- An alien applying for adjustment of status under this subsection has the burden of proving by a preponderance of the evidence that the alien has satisfied the employment requirements in clause (i). Once the burden is met, the burden shall shift to the Secretary of Homeland Security to disprove the alien’s evidence with a showing which negates the reasonableness of the inference to be drawn from the evidence.

    ==What is the documentation requirement now?

    FACT: To be eligible to apply for a Z visa, illegal immigrants must prove they were in the country prior to January 1, 2007.
    http://www.whitehouse.gov/infocus/immigration/

    ==

    Earlier info on the Visa categories

    The following by Hart should be read in full despite being from March 2007. The current version is just a slight reworking of this.

    ImmigrateUSA Written by David Hart Friday, 30 March 200

    ==Quotation from Hart, (read full piece in full)

    1- Provides a channel for temporary workers (TWP) known as the “Y” visa
    2- Provides for a “Z” visa for those present in the U.S. without lawful status

    The Temporary Worker (Y VISA)

    1- First year cap not yet determined. (400,000 now)
    2- Every two years thereafter the cap can be altered if the Secretary of Homeland Security, in consultation with the Secretaries of Labor and Commerce, certifies a “demonstrable need” for higher or lower numbers. (Cap can be adjusted up or down at will according to White House.)
    3- Employers seeking a temporary worker must demonstrate that U.S. workers are not available. An offered position must be listed in a publicly accessible computer database. Certain private companies will be able to pair applicants with jobs.
    4- This program will include two sorts of temporary workers: A seasonal worker who will be able to work 9 months in the U.S. and then 3 months abroad, which can be renewed indefinitely, and the main program that will permit the worker to remain in the U.S. for 2 years with 6 months abroad, and which can be renewed twice for a total of 6 years. Worker may NOT bring hir or her family, but can travel freely to see them.The Currently Undocumented (Z Visa)

    1- A penalty of $2,000 will be imposed for every three-year Z visa period. The rationale is that the penalty is necessary to “fine” the person who entered the U.S. in violation of the law or who remained in the U.S. in violation of the law.
    2- The Z visa applicant will need to pay the same processing fee of $1,500 for each period, the premise being that the process would be self-funding.
    3- Z visa holders will be eligible for emergency social services and for primary and secondary education (public schools).
    4- The Z visa will be valid for three years and can be renewed indefinitely.
    5- Must pass at the first renewal (after three years) and the same English, and civics test that is required for citizenship (exceptions for elderly)
    6- A Z visa holder cannot offer derivative status to family members who are abroad.

    Clean Up Extended Family Backlogs and New Merit-Based System

    1- Redirect 50,000 annual visas to merit-based and national-need categories.
    2- Eliminate preferences for siblings and adult children.
    3- Eliminate diversity visa program.
    4- Require that current applicants on wait list file new application with $500 filing fee in order to consolidate and determine exact number on wait list.
    5- Offer anyone refused the opportunity to apply for merit-based visas, with points awarded for having U.S. relatives.
    6- Convert all diversity visas and some parent preference visas to merit-based selection (this would create 100,000 openings immediately).
    7- New visa system that prioritizes according to national needs and individual merits by emphasizing education.
    8- Make it easier for the best foreign students earning STEM (science, technology, engineering and medical degrees) at U.S. universities to remain in the U.S. as workers.
    9- After the initial period, implement a point-based system for up to 700,000 applicants per year based on i) educated and skilled workers critical to national competitiveness and ii) unskilled workers with high employer valuations and other equity and roots in the U.S. The merit system can be tuned at various points to keep the level and mix of permanent residency approvals focused on the national interest.

    == above quotation from Hart ==

    Also here by David Hart.

    Search z-visa y-visa

    The following on May 17, 2007 indicates the Kennedy scheme of Z and Y visas is a slight reworking of the earlier Bush scheme.

    http://www.firesociety.com/article/12134

    Washtimes blog.

    ==

    http://www.whitehouse.gov/news/releases/2007/05/20070517-7.html

    “Sets a cap of 400,000 on the temporary worker program, which can be adjusted up or down in the future depending on demand.”

    This means no cap.

    ==White House Statement

    Fact Sheet: Border Security and Immigration Reform
    Administration And Bipartisan Group Of Senators Reach Bipartisan Agreement On Comprehensive Immigration Reform

    RSS Feed White House News

    Fact sheet President Bush Discusses Comprehensive Immigration Bill
    Fact sheet In Focus: Immigration
    Today, Administration Officials And A Bipartisan Group Of Senators Reached Agreement On Comprehensive Immigration Reform Legislation. The proposal includes:

    • Putting Border Security And Enforcement First: Border security and worksite-enforcement benchmarks must be met before other elements of the proposal are implemented.
    • Providing Tools For Employers To Verify The Eligibility Of The Workers They Hire: Employers will be required to verify the work eligibility of all employees using an employment eligibility verification system, while all workers will be required to present stronger and more verifiable identification documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.
    • Creating A Temporary Worker Program: To relieve pressure on the border and provide a lawful way to meet the needs of our economy, the proposal creates a temporary worker program to fill jobs Americans are not doing. To ensure this program is truly “temporary,” workers will be limited to three two-year terms, with at least a year spent outside the United States between each term. Temporary workers will be allowed to bring immediate family members only if they have the financial ability to support them and they are covered by health insurance.
    • No Amnesty For Illegal Immigrants: Illegal immigrants who come out of the shadows will be given probationary status. Once the border security and enforcement benchmarks are met, they must pass a background check, remain employed, maintain a clean criminal record, pay a $1,000 fine, and receive a counterfeit-proof biometric card to apply for a work visa or “Z visa.” Some years later, these Z visa holders will be eligible to apply for a green card, but only after paying an additional $4,000 fine; completing accelerated English requirements; getting in line while the current backlog clears; returning to their home country to file their green card application; and demonstrating merit under the merit-based system.
    • Strengthening The Assimilation Of New Immigrants: The proposal declares that English is the language of the United States and calls on the United States Government to preserve and enhance it, as well as enacting accelerated English requirements for many immigrants. In addition, the DHS Office of Citizenship will be expanded to include coordinating assimilation efforts in its mission, and the Education Secretary will make an English instruction program freely available over the Internet.
    • Establishing A Merit System For Future Immigration: The proposal establishes a new merit-based system to select future immigrants based on the skills and attributes they will bring to the United States. Under the merit-based system, future immigrants applying for permanent residency in the U.S. will be assigned points for skills, education, and other attributes that further our national interest including: ability to speak English; level of schooling, including added points for training in science, math, and technology; job offer in a specialty or high-demand field; employer endorsement; and family ties to the U.S.
    • Ending Chain Migration: The immigration system would be reformed to better balance the importance of family connections with the economic needs of our country by replacing the current system, where nearly two-thirds of green cards are awarded to relatives of U.S. citizens, with a system in which future family immigration will focus on the nuclear family and parents.
    • Clearing The Family Backlog In Eight Years: Millions of family members of U.S. citizens now wait years in line for a green card, with some waits estimated at as long as 30 years. Family members who have applied legally and have lawfully waited their turn in line will receive their green card within eight years.

    Putting Border Security And Enforcement First

    Border Security And Worksite Enforcement Benchmarks Must Be Met Before A Temporary Worker Program Is Implemented. These benchmarks include:

    • Miles of fence constructed.
    • Number of Border Patrol Agents hired.
    • “Catch and Return” continues at the border.
    • Employment Eligibility Verification System ready to process all new hires.

    The Proposal Establishes New Penalties For Border Crimes And Gives The Border Patrol Additional Tools To Stop Illegal Border Crossings. Through the deployment of additional Border Patrol agents with supporting equipment, the construction of additional fencing and vehicle barriers in targeted areas, and the development of a proper mix of sensors, radar, and cameras, the proposal establishes a true commitment to securing our borders.

    Providing Tools For Employers To Verify The Eligibility Of The Workers They Hire

    Employers Will Be Required To Verify The Work Eligibility Of All Employees, While All Workers Will Be Required To Present Stronger And More Verifiable Identification Documents. Tough new anti-fraud measures will be implemented and stiff penalties imposed on employers who break the law.

    • The Employment Eligibility Verification System will allow for real-time verification of employee photos and documents.
    • The Department of Homeland Security and the Social Security Administration will be able to share “no-match” information to ensure that illegal immigrants cannot use the Social Security information of Americans to pose as legal workers.
    • Employer audits will serve as an additional check on employer compliance with the system.

    Creating A Temporary Worker Program

    To Relieve Pressure On The Border And Provide A Lawful Channel To Meet The Needs Of Our Economy, The Proposal Creates A Temporary Worker Program. The program allows workers to enter the country to fill jobs that Americans are not doing. The temporary worker program:

    • Protects American workers by requiring U.S. employers to advertise the job in the United States at a competitive wage before hiring a temporary worker.
    • Provides additional labor protections for temporary worker program participants.
    • Allows temporary workers to enter the United States to work for three two-year terms, with at least a year spent outside the United States between each term.
    • Sets a cap of 400,000 on the temporary worker program, which can be adjusted up or down in the future depending on demand.
    • Requires temporary workers who want to bring their immediate family to show that they have the financial means to support them and that they are covered by health insurance.
    • Recognizes the unique needs of agriculture by establishing a separate seasonal agriculture component under the temporary worker program.

    No Amnesty For Illegal Immigrants

    Illegal Immigrants Who Come Out Of The Shadows Will Be Given Probationary Status. To maintain their probationary status, they must pass a background check, remain employed, and maintain a clean criminal record.

    Illegal Immigrants Who Fulfill Their Probationary Requirements Can Apply For A Z Card, Which Will Enable Them To Live, Work, And Travel Freely. Z card holders will be required to pay a $1,000 fine, meet accelerated English and civics requirements, remain employed, and renew their visa every four years.

    Z Card Holders Will Have An Opportunity To Apply For A Green Card, But Only After:

    • Paying an additional $4,000 fine,
    • Applying at the back of the line and waiting until the current backlog is cleared,
    • Returning to their home country to file their green card application, and
    • Demonstrating merit under the merit-based system.

    Strengthening The Assimilation Of New Immigrants

    The Proposal Declares That English Is The Language Of The United States And Calls On The United States Government To Preserve And Enhance It, As Well As Enacting Accelerated English Requirements For Some Immigrants. The success of our country depends upon helping newcomers assimilate into our society and embrace our common identity as Americans – our shared ideals, an appreciation of our history, and an ability to speak and write the English language. Therefore, the Secretary of Education is directed to make an English instruction program freely available over the Internet. The DHS Office of Citizenship is expanded to include coordinating assimilation efforts in its mission, and additional funding is authorized for the Office.

    Establishing A Merit System For Future Immigration

    The Proposal Establishes A New Merit-Based System To Select Future Immigrants Based On The Skills And Attributes They Will Bring To The United States. A merit system is used by many other countries.

    • Under The Merit System, Future Immigrants Applying For Permanent Residency In The United States Will Be Assigned Points For Skills, Education, Employment Background And Other Attributes That Further Our National Interest. These skills include:
      • Ability to speak English.
      • Level of schooling, including added points for training in science, math, and technology.
      • Job offer in a high-demand field.
      • Work experience in the United States.
      • Employer endorsement.
      • Family ties to the United States.

    Ending Chain Migration

    In Place Of The Current System Where Nearly Two-Thirds Of Green Cards Are Awarded To Relatives Of U.S. Citizens, Our Immigration System Will Be Reformed To Better Balance The Importance Of Family Connections With The Economic Needs Of Our Country.

    • Visas for parents of U.S. citizens are capped, while green cards for the siblings and adult children of U.S. citizens and green card holders are eliminated.
    • A new Parents Visitor visa is created to ensure that parents are allowed to visit their children in the United States regularly and for extended periods of time.
    • The Diversity Lottery Program, which grants 50,000 green cards per year through random chance, is ended.
    • These rebalanced green cards are used to clear the Family Backlog in eight years and then applied to the new Merit System for future immigration once the backlog is cleared.

    Clearing The Family Backlog Within Eight Years

    Family Members Who Have Applied Legally, And Lawfully Waited Their Turn In Line, Will Receive Their Green Card Within The Next Eight Years. Today, millions of family members of U.S. citizens wait years in line for a green card, with some waits estimated at as long as 30 years.

    http://www.whitehouse.gov/news/releases/2007/05/20070517-7.html

    ==Comments

    The 30 year of family reunification backlog is still going to be worked through in 8 years. Z-visa holders still get family reunification. There is still close family reunification, its only extended family reunification. There is still chain close family-reunification.

    McCain Kennedy and the other proposals live on through this.

    ==American Immigration Lawyers Association.
    Summary of Senate “Grand Bargain”
    Cite as “AILA InfoNet Doc. No. 07051768 (posted May. 17, 2007)”

    Numerical Limitation: The Y-1 visa program has an initial cap of 400,000 with yearly adjustments based on market fluctuations.

    There are no numerical limitations for Y-2A while the Y-2B visas are initially capped at 100,000 with yearly adjustment based on market fluctuations.
    The market-based fluctuation is adjusted every 6 months during the fiscal year.

    ==

    What about legal visitors? If you lied on your previous visa and had intent to stay, you could claim the Z-1 Visa on the basis that you had committed fraud?

    ==History of all US amnesties on immigration (the first was in 1986)

    http://www.numbersusa.com/interests/amnesty.html

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