|  PROPOSED
LAW WOULD GRANT GREEN CARDS
TO CERTAIN STUDENTS
by Michael J. Gurfinkel, Esq.
A proposed law was recently
introduced in the House of Representatives (Congress) that would
allow certain college-bound students to adjust their status to
permanent resident.
The proposed law, entitled The
Student Adjustment Act of 2003, would also restore
the rights of states to determine residency requirements for purposes
of higher education benefits, including tuition.
Sponsored by Rep. Chris Cannon
of Utah, the Bill allows the Secretary of Homeland Security (formerly
the INS) to “cancel the removal” (stop deportation/removal),
and adjust the status (grant a greencard) of an alien, who fulfills
the followings basic requirements:
- The alien must be under
the age of 21 years at the
time of application;
- The alien was physically
present in the United States on the date of the enactment
of the Student Adjustment Act of 2003. Since this is still only
a proposed
law, it has not yet been “enacted”:
- The alien has been physically
present in the United States for a continuous
period of not less than five years immediately
preceding the date of such application;
- The alien has been a person of good
moral character; and
- The alien, at the time of application, is enrolled
at or above the 7th grade
level in a school in the United States, or is enrolled in, or
actively pursuing admission to, an institution of higher education
in the United States.
I must emphasize that the measure would still have
to go through the lengthy and complicated legislative process,
and through various committees and sub-committees, and would have
to be approved by both the House and the Senate, and signed by
the President, before it actually becomes a law.
But if the measure is enacted into law, it would
certainly benefit tens of thousands of students living and studying
in the U.S. for many years, by allowing them to become permanent
residents (greencard holders).
The provision allowing the states to determine the
residency requirements of illegal aliens deals with such items
as lower tuition and matriculation fees, and availability of student
loans and financial aid, and would be a great boost to many students
who have been forced to quit school or pay extremely high non-resident
tuition fees, because of their ineligibility for these benefits.
Let’s hope Congress passes this legislation
and it is signed into law by the President. I hope that our lawmakers
will look favorably on the proposal because it would help in producing
more productive residents who can contribute to the general well-being
of the U.S.
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