Differences b/w S.3992 & H.R.6497

http://www.aila.org/content/default.aspx?docid=33828
By: American Immigration Lawyers Association
Dec. 8, 2010

Conditional Nonimmigrant Status
• H.R. 6497 breaks up conditional nonimmigrant status into two five-year periods, and
requires aliens to apply for an extension of their conditional nonimmigrant status after the
first five-year period has elapsed. S. 3992 establishes one ten-year period of conditional
nonimmigrant status.
• In addition to regular application processing and adjudication fees, H.R. 6497 adds two
surcharges:

1) a $525 surcharge to the initial conditional nonimmigrant status application;
2) a second surcharge of $2000 when the individual applies for the extension of their
conditional nonimmigrant status for the second five-year period.

• Under both bills, applicants must show that they have completed the military or educational
requirements. Under H.R. 6497 applicants have to meet those requirements at the end of the
initial five-year period of nonimmigrant conditional status. Individuals unable to meet those
requirements during the first five-year could nevertheless have their nonimmigrant
conditional status extended if they can show:

(1) compelling circumstances for the inability
to complete the military or educational requirements;
(2)and that their removal from the
United States would result in exceptional and extremely unusual hardship to a spouse,
parent, or child who is a citizen or a lawful permanent resident of the United States. They
could apply for this same “hardship waiver” when they apply for adjustment of status if they
are still unable to meet the educational or military requirements of DREAM.
In contrast, under S. 3992, applicants have to meet the military or educational requirements
only by the end of the 10-year conditional nonimmigrant status, when applying for
adjustment of status. Individuals unable to meet those requirements could nevertheless
obtain adjustment of status by obtaining this same “hardship waiver.” Unlike H.R. 6497,
applicants under S.3992 can also request an extension of their nonimmigrant conditional
status “for good cause” in order to meet the educational or military requirements.

• H.R. 6497 changes the deadline for the initial application to either within 1 year from
earning a high school diploma or GED in the U.S. or within 1 year after the effective date of
interim regulations. Under S.3992, applicants are required to file within either 1 year of
being admitted to an institution of higher learning, 1 year from the date they earned a H.S.
diploma or GED certificate in the U.S., or 1 year from date of enactment, whichever is later.

Adjustment of Status Stage
• Both bills require the DHS Secretary to complete background checks for the purpose of:

(1)conducting security and law enforcement background checks and
(2) determining whether
there is any criminal, national security, or other factor that would render the alien ineligible
for adjustment. H.R. 6497 requires that both checks be completed prior to adjustment of
status. S. 3992 only requires that the former check be completed prior to adjustment of
status.

• H.R. 6497 removes section 6(j) of S.3992 which clarifies that conditional nonimmigrants
remain eligible to apply for adjustment of status, an immigrant visa, or admission as a lawful
permanent resident, if they are otherwise eligible for such a benefit,

Retroactive Benefits
• The “Retroactive Benefits” section under S.3992 is renamed “Treatment of Aliens Meeting
Requirements for Extension of Conditional Nonimmigrant Status” under H.R. 6497 and
accommodates H.R. 6497’s two-step conditional nonimmigrant structure. However, it
retains the same purpose as under S.3992—to ensure that applicants who met the
educational or military requirements prior to the bill’s enactment are eligible to apply for
conditional nonimmigrant status and adjustment of status.

Exclusive Jurisdiction
• H.R. 6497 clarifies that: “If the Secretary grants relief under this Act, the final order of
deportation, exclusion, or removal shall be terminated.”
• Under both bills, the Attorney General is required to stay the removal proceedings of
children who meet the basic eligibility requirements for DREAM, are at least 12 years old,
and are enrolled full-time in primary or secondary school. For children who meet these
requirements but are not in removal proceedings, H.R. 6497 directs the DHS Secretary not
to commence removal proceedings against them.

Higher Education Assistance
• H.R. 6497 makes beneficiaries ineligible for all Stafford loans. Under S. 3992 they are
eligible for certain Stafford loans.

No loans? WTF!? How are we supposed to pay? LOL whatever worry about that later

Private loans, working your ass off, scholarships (you do know you'd be eligible for more scholarships, right?).

Deal with paying off school after. We need legal status more than we need in-state, etc.

So can the senate still tell the democrats to tweak the bill and for example say to lower age?
And if it were to pass what if I get marry to a us citizen can I speed up the citizenship process??

They can be asked to change things about to he bill to earn more votes.

And Dreamer12, comments like yours are setting us back and the opposition are using them against us.

People need to stop commenting about finding loopholes/shortcuts on obtaining citizenship. It makes us look worse to them than we already do. Deal with it after you legalize with DREAM. It's really getting out of hand.

you're still eligible for state-grant, which is more generous than federal grant.

Also, once you get legal status, you'll qualify for in-state tuition immediately. The controversial in-state tuition provision is for future undocumented immigrant.

Any loopholes for 30 and over and for folks who have a degree?

Nope, do you still want to kill the bill?

once you get legal status can't you get loans?