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After
completing a period of indentured servitude, "temporary"
legal residents receive permanent legal
status
Proof
of labor must be provided, but such proof accepted from
"collective bargaining organizations."
Spouses
and minor children allowed.
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(c)
ADJUSTMENT TO PERMANENT RESIDENCE-
(1) AGRICULTURAL WORKERS-
(A) IN GENERAL- Except as provided in subparagraph
(B), the Secretary shall adjust the status of an
alien granted lawful temporary resident status under
subsection
| (c)(1)(A):
After the period of "indentured servitude"
is completed, the
alien's "temporary" legal status
is changed to permanent legal status. |
(a)
to
that of an alien lawfully admitted for permanent
residence if the Secretary determines that the following
requirements are satisfied:
(i) QUALIFYING EMPLOYMENT- The alien has performed
at least 2,060 hours or 360 work days, whichever
is less, of agricultural employment in the United
States, during the period beginning on September
1, 2003, and ending on August 31, 2009.
| INDENTURED
SERVANT: one who was voluntarily or
involuntarily committed to working for
someone for a fixed number of years (usually
4 to 7) in exchange for passage to America
or some other financial advantage (i.e.,
learning a trade). An indentured servant
had few, if any, rights, but people without
skills or money accepted this position
in order to emigrate. After the period
of work was over, the servant usually
became a freeman. It was also common practice
for parents to indenture their children
with the intent of having their child
learn a trade or craft. |
(ii)
QUALIFYING YEARS- The alien has performed at least
430 hours or 75 work days, whichever is less,
of agricultural employment in the United States
in at least 3 nonoverlapping periods of 12 consecutive
months during the period beginning on September
1, 2003, and ending on August 31, 2009. Qualifying
periods under this clause may include nonconsecutive
12-month periods.
(iii) QUALIFYING WORK IN FIRST 3 YEARS- The alien
has performed at least 1,380 hours or 240 work
days, whichever is less, of agricultural employment
during the period beginning on September 1, 2003,
and ending on August 31, 2006.
(iv) APPLICATION PERIOD- The alien applies for
adjustment of status not later than August
31, 2010.
(v) PROOF- In meeting the requirements of clauses
(i), (ii), and (iii),
an
alien may submit the record of employment described
in subsection
(a)(5)
|
(c)(1)(A)(iv):
if
the bill is only meant to bring illegal
aliens "out
of the shadows"
who are already here "and paying
taxes," as the bill's supporters
insist, why does the application process
extend until six years from now?
(c)(1)(A)(v):
the documentation can be employment
records provided by the employer (a)(5),
susceptible enough to fraud, and
(d)(3) records provided by "collective
bargaining organizations, and other
reliable documentation as the alien
may provide" to qualify an alien
for legal permanent residence. (In the
1986 amnesty, personal affidavits were
accepted).
Who
are these "collective bargaining
organizations?" And what is considered
"reliable documentation?"
The bill doesn't say., but, based on
past amnesties of this nature, and based
on the
endorsers of the AgJOBS bill listed
on the sponsor's website, we can
predict with near certainty who will
end up with a great deal of influence
over the integrity of this key function.
[SEE (d)(3)]
|
or
such documentation as may be
submitted under subsection (d)(3).
(vi) DISABILITY- In determining whether an alien
has met the requirements of clauses (i), (ii),
and (iii), the Secretary shall credit the alien
with any work days lost because the alien was
unable to work in agricultural employment due
to injury or disease arising out of and in the
course of the alien's agricultural employment,
if the alien can establish such disabling injury
or disease through medical records.
(B) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS-
The Secretary may deny an alien adjustment to permanent
resident status, and provide for termination of
the temporary resident status granted such alien
under subsection (a), if--
(i) the Secretary finds by a preponderance of
the evidence that the adjustment to temporary
resident status was the result of fraud or willful
misrepresentation, as described in section 212(a)(6)(C)(i)
of the Immigration and Nationality Act (8
U.S.C. 1182(a)(6)(C)(i)); or
(I) commits an act that makes the alien inadmissible
to the United States under section 212 of the
Immigration and Nationality Act (8 U.S.C. 1182),
except as provided under subsection (e)(2);
or
(II) is convicted of a felony or 3 or more misdemeanors
committed in the United States.
(C) GROUNDS FOR REMOVAL- Any alien granted temporary
resident status under subsection (a) who does not
apply for adjustment of status under this subsection
before the expiration of the application period
described in subparagraph
(A)(iv), or who fails to meet the other requirements
of subparagraph (A) by the end of the applicable
period, is deportable and may be removed under section
240 of the Immigration and Nationality Act (8 U.S.C.
1229a). The Secretary shall issue regulations establishing
grounds to waive subparagraph (A)(iii) with respect
to an alien who has completed at least 200 days
of the work requirement specified in such subparagraph
in the event of a natural disaster which substantially
limits the availability of agricultural employment
or a personal emergency that prevents compliance
with such subparagraph.
(2) SPOUSES AND MINOR CHILDREN-
(A) IN GENERAL- Notwithstanding any other provision
of law, the Secretary shall confer the status of
lawful permanent resident on the spouse
and minor child of an alien
| An
enormous increase in the numbers. And more
room for fraud. |
granted
status under paragraph (1), including any individual
who was a minor child on the date such alien was
granted temporary resident status, if the spouse
or minor child applies for such status, or if the
principal alien includes the spouse or minor child
in an application for adjustment of status to that
of a lawful permanent resident.
(B) TREATMENT OF SPOUSES AND MINOR CHILDREN PRIOR
TO ADJUSTMENT OF STATUS- A spouse and minor child
of an alien granted temporary resident status under
subsection (a) may not be--
(i) removed while such alien maintains such status;
and
(ii) granted authorization to engage in employment
in the United States or be provided an `employment
authorized' endorsement or other work permit,
unless such employment authorization is granted
under another provision of law.
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