Tracking the STRIVE Bill 2007 to Enactment

[Munish]

The progress of the STRIVE Bill can be seen on http://www.govtrack.us/congress/bill.xpd?bill=h110-1645

This includes the full version of the Bill. A pdf version of the Bill as introduced can be accessed at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h1645ih.txt.pdf.

[DEE F]

Hi Mun79,now I have read through this but not too sure if my brain went into first gear or not, could you just clarify for me,if I have read this correctly,does this mean that we will be able to renew our visas through the post via Washington again,like you used to be able to do,if this is the case I say WOOHOO!!! it would save us all so much time money and effort,but I dont know maybe I have read it wrong,help please, oh and please dont be as technical as the article lol ,Many thanks take care.

Dee xx

[Munish]

I'll give it a go Dee. Which section are you referring to so I can look it easily? If others could give this an interpretion as well I would be grateful, just in case I misread it. It's easily done. Hmmm, me attempting not be technical... you are asking a lot of me. LOL.

[DEE F]

Hi Mun79,this is what I mean
Visa Revalidations - Persons with E, H, L, O and P visas which are expiring will be able to revalidate their visas in the U.S.;

Hope this helps

Dee xx

[Munish]

Hi Dee, I am reading exactly as you are. Just don't break any immigration laws. LOL.

Here is the section Dee is referring to.

SEC. 515. VISA REVALIDATION.

(a) In General- Section 222 (8 U.S.C. 1202) is amended by adding at the end the following:

(i) The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of section 101(a)(15) to apply for a renewal of such visa within the United States if--
`(1) such visa is valid or did not expire more than 12 months before the date of such application;
`(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; and
`(3) the alien has complied with the immigration laws and regulations of the United States.'.

(b) Conforming Amendment- Section 222(h) of such Act is amended, in the matter preceding subparagraph (1), by inserting `and except as provided under subsection (i),' after `Act'.

The current provision of section 222 can be viewed here: http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001202----000-.html

[Munish]

Just to add, it may that visas might be able to be renewed through the local USCIS service center. Cannot imagine Washington or any single office managing all the renewals for the whole of the United States. But then again, when did the US immigration work on common sense!

[Susie]

Thanks Mun,

That would be fantastic news if everyone could go to local sub offices for interview and stamping. I could never see the point of getting part approval from the us and then have to go to home country for final stages

[Munish]

Thanks to Dee too, as if it wasn't for her we (or those of us that did not already know) would not have known about it.

[DEE F]

Aw bless you Mun79,see I am not jsut a pretty face after all,no comments from you lot either lol But yeh that is great news if it happens, so once again WOOHOO!!!!!!!!!!!

Dee xxxxxxxxx

[Jan]

Hi all
Sorry now I'm being a bit slow....I assume this is just a proposal at this stage. What are the timescales. If I understand correctly if this proposal is approved (it is nearly 10pm and I have been up since 5.30am! so please forgive me!:confused: ) you have to submit your E2 renewal applicaltion when your visa still has 12 months to go. Please let me know if I am understanding correctly.
Thanks and Happy Easter...missing Cadburys chocolate!
Jan:rolleyes:

[Susie]

Hi

This will be good news if passed




SEC. 516. RELIEF FOR MINOR CHILDREN AND WIDOWS.

(a) In General- Section 201(b)(2) (8 U.S.C. 1151(b)(2)) is amended to read as follows:

`(2)(A)(i) Aliens admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to their accompanying parent who is an immediate relative.

`(ii) In this subparagraph, the term `immediate relative' means a child, spouse, or parent of a citizen of the United States (and each child of such child, spouse, or parent who is accompanying or following to join the child, spouse, or parent), except that, in the case of parents, such citizens shall be at least 21 years of age.

`(iii) An alien who was the spouse of a citizen of the United States for not less than 2 years at the time of the citizen's death or, if married for less than 2 years at the time of the citizen's death, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and was not legally separated from the citizen at the time of the citizen's death, and each child of such alien, shall be considered, for purposes of this subsection, to remain an immediate relative after the date of the citizen's death if the spouse files a petition under section 204(a)(1)(A)(ii) before the earlier of--

`(I) 2 years after such date; or

`(II) the date on which the spouse remarries.

`(iv) In this clause, an alien who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen spouse or parent loses United States citizenship on account of the abuse.

`(B) Aliens born to an alien lawfully admitted for permanent residence during a temporary visit abroad.'.

(b) Petition- Section 204(a)(1)(A)(ii) (8 U.S.C. 1154(a)(1)(A)(ii)) is amended by striking `in the second sentence of section 201(b)(2)(A)(i) also' and inserting `in section 201(b)(2)(A)(iii) or an alien child or alien parent described in the 201(b)(2)(A)(iv)'.

(c) Retention of Immediate Relative Status-

(1) IN GENERAL- In applying clause (iii) of section 201(b)(2)(A) of the Immigration and Nationality Act, as added by subsection (a), to an alien whose citizen relative died before the date of the enactment of this Act, the alien relative, notwithstanding the deadlines specified in such clause, may file the classification petition under section 204(a)(1)(A)(ii) of such Act not later than 2 years after the date of the enactment of this Act.

(2) ELIGIBILITY FOR PAROLE- If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act based solely upon the alien's lack of classification as an immediate relative (as defined by 201(b)(2)(A)(ii) of the Immigration and Nationality Act) due to the citizen's death--

(A) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of such Act; and

(B) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act.

(d) Adjustment of Status-

(1) IN GENERAL- Section 245 (8 U.S.C. 1255), as amended by sections 407 and 511, is further amended by adding at the end the following:

`(o) Application for Adjustment of Status by Surviving Spouses, Parents, and Children-

`(1) IN GENERAL- Any alien described in paragraph (2) who applies for adjustment of status before the death of the qualifying relative, may have such application adjudicated as if such death had not occurred.

`(2) ALIEN DESCRIBED- An alien described in this paragraph is an alien who--

`(A) is an immediate relative (as described in section 201(b)(2)(A));

`(B) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);

`(C) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or

`(D) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).'.

(2) TRANSITION PERIOD-

(A) IN GENERAL- Notwithstanding a denial of an application for adjustment of status for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment.

(B) ELIGIBILITY FOR PAROLE- If an alien was excluded, deported, removed or departed voluntarily before the date of the enactment of this Act--

(i) such alien shall be eligible for parole into the United States pursuant to the Attorney General's discretionary authority under section 212(d)(5) of the Immigration and Nationality Act; and

(ii) such alien's application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act.

(e) Processing of Immigrant Visas-

(1) IN GENERAL- Section 204(b) (8 U.S.C. 1154), as amended by section 204(b) of this Act, is further amended--

(A) by striking `After an investigation' and inserting the following:

`(1) IN GENERAL- After an investigation'; and

(B) by adding at the end the following:

`(2) DEATH OF QUALIFYING RELATIVE-

`(A) IN GENERAL- Any alien described in paragraph (2) whose qualifying relative died before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. An immigrant visa issued before the death of the qualifying relative shall remain valid after such death.

`(B) ALIEN DESCRIBED- An alien described in this paragraph is an alien who--

`(i) is an immediate relative (as described in section 201(b)(2)(A));

`(ii) is a family-sponsored immigrant (as described in subsection (a) or (d) of section 203);

`(iii) is a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or

`(iv) is a derivative beneficiary of a diversity immigrant (as described in section 203(c)).'.

(2) TRANSITION PERIOD-

(A) IN GENERAL- Notwithstanding a denial or revocation of an application for an immigrant visa for an alien whose qualifying relative died before the date of the enactment of this Act, such application may be renewed by the alien through a motion to reopen, without fee, if such motion is filed not later than 2 years after such date of enactment.

(B) INAPPLICABILITY OF BARS- Notwithstanding section 212(a)(9) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)), the Secretary shall consider the application for an immigrant visa submitted by an alien who was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act.

(f) Naturalization- Section 319(a) (8 U.S.C. 1429(a)) is amended by inserting `(or, if the spouse is deceased, the spouse was a citizen of the United States)' after `citizen of the United States'.

[Munish]

Hi all
Sorry now I'm being a bit slow....I assume this is just a proposal at this stage. What are the timescales. If I understand correctly if this proposal is approved (it is nearly 10pm and I have been up since 5.30am! so please forgive me!:confused: ) you have to submit your E2 renewal applicaltion when your visa still has 12 months to go. Please let me know if I am understanding correctly.
Thanks and Happy Easter...missing Cadburys chocolate!
Jan:rolleyes:

No you are not being slow. Yes it is a proposal, but Title V (which is the section the bill on Visa reforms) is likely to be passed with more benefits being added through debates as they take place rather than taken away. I cannot any good reason why section 515 might be removed from the bill.

In terms of timeframes, it is hoped the bill will be ready to signed into law by the President around late summer 2008, just the before focus moves onto the Presidential elections. If this fails to happen by then the worse case scenario is enactment by 2009 after the new President is sworn in.

As the section is currently written you would have to apply for your renewal either when your current E (or other listed nonimmigrant) visa is valid or after it has already expired, but no later than 12 months after it has expired. However, the problem with that it would technically render you illegal for the period (after any grace period is over) or am I wrong. If I am right, the may reduce the 12 month date in the Congressional/Senate debates.

[v2002]

Hi Dee, I am reading exactly as you are. Just don't break any immigration laws. LOL.

Here is the section Dee is referring to.

SEC. 515. VISA REVALIDATION.

(a) In General- Section 222 (8 U.S.C. 1202) is amended by adding at the end the following:

(i) The Secretary of State shall permit an alien granted a nonimmigrant visa under subparagraph (E), (H), (I), (L), (O), or (P) of section 101(a)(15) to apply for a renewal of such visa within the United States if--
`(1) such visa is valid or did not expire more than 12 months before the date of such application;
`(2) the alien is seeking a nonimmigrant visa under the same subparagraph under which the alien had previously received a visa; and
`(3) the alien has complied with the immigration laws and regulations of the United States.'.

(b) Conforming Amendment- Section 222(h) of such Act is amended, in the matter preceding subparagraph (1), by inserting `and except as provided under subsection (i),' after `Act'.

The current provision of section 222 can be viewed here: http://www.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001202----000-.html
MUN FYI under the above rule VISA STAMPS were done at WDC..........BUT thanks to Sep11.... this provision was taken away and the VISA STAMPS WERE TO BE DONE ONLY FROM HOME COUNTRY with NO EXCEPTIONS.

[Munish]

Totally bizzare! Immigration reform after Sept 11 was an overreaction, as was corporate reform after Enron. Hope this is a lesson for the US not to be similarly rash after major events.

[britcan]

Can anyone shed any light on whether there will be a compassionate visa for elderly parents of E2 visa where one parent has passed away and the E2 visa holder wants to bring other parent over?

Also the other point about being able hopefully to renew from within USA for E2- and presumably having E2 visa placed in passport locally?Is this what this means? What % of E2 visa holders actually do the renewal themselves and is it straightforward?