Nursing possibilities

Dear Mrs Walker-Huntington,

I have a relative currently working as a licensed practical nurse (LPN) in Florida. She went to the US on a regular workers visa and has been in the country for over four years. I want to know what her options are. Can she file for amnesty? And, if so, what is the procedure? I would also want to have an idea as to how much would be the minimum cost for the procedure.

Thanks in advance.

S.H.

Dear SH:

Based on your question I assume your relative is illegally working in the US, since you have asked if she can file for amnesty. As an illegal alien your relative is not supposed to be working.

There is no amnesty currently available to illegal/undocumented aliens who are in the US. Just so we are clear, if a person entered the States legally with a visa and that visa has expired and the person has chosen to remain in the US, that person is now an illegal alien and is subject to removal/deportation.

'Amnesty' is the term used to describe a law passed by the US Congress in 1986 allowing illegal immigrants who were in the country before a specific date to legalise their status to that of Permanent Residents. It is estimated there are approximately 12 million illegal aliens currently in the United States.

In the United States, for a law to be enacted, it has to pass both houses of Congress (the US House of Representatives and the US Senate), and then signed into law by the president. Over the years there have been several bills introduced into Congress to give all or some sectors of the illegal alien community legal status. Bills have passed one or the other Houses of Congress, but not both in order to become a law.

Unfortunately, whenever there is talk about immigration and when a bill is introduced into Congress, rumours start spreading that there is an amnesty. This prompts desperate people who are in the States illegally to be defrauded by unscrupulous people who convince them that they need to pay them money to obtain legal status.

Be very careful

Currently, both the House of Representatives and the US Senate are considering debating an immigration bill this year that would legalise millions of undocumented people living in the States. If, and when, an immigration bill should be enacted into law, it will be covered in the news at every level and everyone will know that there is a new law.

One indication that something is a scam is if you are told that you can only go to one place to be processed by certain people in order to obtain immigration benefits. Be very careful not to fall for scam artists who show up in places you would least expect, and who tell you they can help you with immigration problems. Make sure that if you need help with your immigration status that you seek the assistance of an experienced immigration attorney.

Since your relative arrived legally in the US and has overstayed, her only relief to obtaining legal status is an immediate relative petition that would allow her to change her status to a permanent resident. In her case, it would have to be a petition filed by a US citizen child over 21 years of age or a US citizen spouse. Failing the availability of such a sponsor, your relative would either have to return home to Jamaica or hope that immigration reform would be passed soon and she would be able to legalise her status.

Dahlia A. Walker-Huntington is a Jamaican-American attorney who practises in Florida in the areas of immigration, family, corporate and personal injury law. She is a mediator, arbitrator and special magistrate in Broward County, Florida. info@walkerhuntington.com or editor@gleanerjm.com.