I am aware that there has been much confusing talk in the community about an amnesty law being passed which will provide "green-cards" for the undocumented and those of who have overstayed. Some in the community are even suggesting that aliens with existing cases who have hired attorneys and have filed their cases, should drop their cases, and wait for this so-called amnesty. It is my understanding that there may be hustlers in various immigrant communities who are already accepting money to provide so-called "amnesty services."
Please understand that amnesty legislation is always a very contentious and difficult undertaking for the US government to pass, since such legislation must be approved by the House of Representatives, and the Senate, and then signed by the President. The House is dominated by Republicans, who have very different ideas about immigration than Democrats, and though it is true that the last election has convinced the Republican Party leadership that something must be done for the undocumented, it is not clear how, when, or if ever, this will be accomplished.
We are all hoping that an amnesty law will be passed as soon as possible, but we must also be wise in determining what forms of immigration relief are available to us now, and in pursuing such relief in a timely manner. To the extent an amnesty is passed into law, immigration lawyers will have to review such law and its requirements and determine to what extent each of their clients might or might not qualify for such relief. Existing clients would then be notified, and would instruct the attorney how they wish to proceed.
Further, cases that are pending in Immigration Court cannot simply be dropped, without potentially dramatic negative consequences. Clients who fail to appear in Immigration Court are ordered removed in their absence. This would be unwise since an amnesty law could be written in such a way as to exclude people with existing removal orders (we simply do not know what such legislation might look like until it is written and we read and digest it).
Further, aliens who have certain types of asylum claims, are required to file for asylum within a reasonable time of a change in their circumstances. Those who wait 6 months or more to file such claims are generally barred from asylum. Thus, an asylum seeker who has such a claim is required to file for asylum in a timely manner or risk losing that claim forever. The wise approach is to file for whatever immigration relief is available to the alien now, and apply any new amnesty legislation to the alien later, if and when such amnesty becomes law..
