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SEC. _02. EARNED ADJUSTMENT FOR Z STATUS ALIENS.

(a) Z-1 NONIMMIGRANTS."

(1) PROHIBITION ON IMMIGRANT VISA."A Z-1nonimmigrant may not be issued an immigrant visapursuant to sections 221 and 222 of the Immigrationand Nationality Act (8 U.S.C. 1201 and 1202).

(2) ADJUSTMENT."Notwithstanding subsections

(a) and (c) of section 245 of the Immigrationand Nationality Act (8 U.S.C. 1255), the statusof any Z-1 nonimmigrant may be adjusted by theSecretary to that of an alien lawfully admitted forpermanent residence.

(3) REQUIREMENTS."A Z-1 nonimmigrantmay adjust status to that of an alien lawfully admittedfor permanent residence upon satisfying, in additionto all other requirements imposed by law, includingthe merit requirements set forth in section203(b)(1)(A) of the Immigration and NationalityAct, as amended by section 502, the following requirements:

(A) STATUS."The alien must be in validnonimmigrant status.

(B) APPROVED PETITION."The alien mustbe the beneficiary of an approved petition undersection 204 of the Immigration and NationalityAct (8 U.S.C. 1154) or have an approved peti.tion that was filed pursuant to the evaluationsystem under section 203(b)(1)(A) of such Act,as amended by section 502.

(C) ADMISSIBILITY."The alien must notbe inadmissible under section 212(a) of suchAct, except for those grounds previously waivedunder subsection (d)(2) of section 601.

(D) FEES AND PENALTIES."In addition tothe fees payable to the Secretary of HomelandSecurity and the Secretary of State in connectionwith the filing of an immigrant petitionand application for adjustment of status, a Z-nonimmigrant who is the head of householdshall pay a $4,000 penalty at the time of submissionof any immigrant petition on the alien'sbehalf, regardless of whether the alien submitssuch petition on the alien's own behalf or thealien is the beneficiary of an immigrant petitionfiled by another party.

(b) Z-2 AND Z-3 NONIMMIGRANTS."

(1) RESTRICTION ON VISA ISSUANCE OR AD-JUSTMENT."An application for an immigrant visaor for adjustment of status to that of an alien lawfullyadmitted for permanent residence of a Z-2nonimmigrant or a Z-3 nonimmigrant who is under.years of age may not be approved before the adjustmentof status of the alien's principal Z-1 nonimmigrant.

(2) ADJUSTMENT OF STATUS."

(A) ADJUSTMENT."Notwithstanding subsections

(a) and (c) of section 245 of the Immigrationand Nationality Act (8 U.S.C. 1255),the status of any Z-2 nonimmigrant or Z-3nonimmigrant may be adjusted by the Secretaryof Homeland Security to that of an alien lawfullyadmitted for permanent residence.

(B) REQUIREMENTS."A Z-2 nonimmigrantor Z-3 nonimmigrant may adjuststatus to that of an alien lawfully admitted forpermanent residence upon satisfying, in additionto all other requirements imposed by law,the following requirements:

(i) STATUS."The alien must be invalid Z-2 nonimmigrant or Z-3 nonimmigrantstatus.

(ii) APPROVED PETITION."The alienmust be the beneficiary of an approved petitionunder section 204 of the Immigrationand Nationality Act (8 U.S.C. 1154) or have an approved petition that was filed.pursuant to the merit-based evaluation systemunder section 203(b)(1)(A) of suchAct, as amended by section 502.

(iii) ADMISSIBILITY."The alien mustnot be inadmissible under section 212(a) ofthe Immigration and Nationality Act (8U.S.C. 1182(a)), except for those groundspreviously waived under subsection (d)(2) of section 601.

(iv) FEES."The alien must pay thefees payable to the Secretary of HomelandSecurity and the Secretary of State in connectionwith the filing of an immigrant petitionand application for an immigrantvisa.

(c) MAINTENANCE OF WAIVERS OF INADMIS-SIBILITY."The grounds of inadmissibility not applicableunder subsection (d)(2) of section 601 shall also be consideredinapplicable for purposes of admission as an immigrantor adjustment pursuant to this section.

(d) APPLICATION OF OTHER LAW."In processingapplications under this section on behalf of aliens whohave been battered or subjected to extreme cruelty, theSecretary of Homeland Security shall apply".

(1) the provisions under section 204(a)(1)(J) ofthe Immigration and Nationality Act (8 U.S.C.1154(a)(1)(J)); and

(2) the protections, prohibitions, and penaltiesunder section 384 of the Illegal Immigration Reformand Immigrant Responsibility Act of 1996 (8 U.S.C.1367).

(e) BACK OF THE LINE."An alien may not adjuststatus to that of a lawful permanent resident under thissection until 30 days after an immigrant visa becomesavailable for approved petitions filed under sections 201,202, and 203 of the Immigration and Nationality Act (8U.S.C. 1151, 1152, and 1153) that were filed before May1, 2005.

(f) INELIGIBILITY FOR PUBLIC BENEFITS."For purposesof section 403 of the Personal Responsibility andWork Opportunity Reconciliation Act of 1996 (8 U.S.C.1613), an alien whose status has been adjusted under thissection shall not be eligible for any Federal means-testedpublic benefit unless the alien meets the alien eligibilitycriteria for such benefit under title IV of such Act (8U.S.C. 1601 et seq.).

(g) MEDICAL EXAMINATION."An applicant forearned adjustment shall undergo an appropriate medicalexamination (including a determination of immunization.status) that conforms to generally accepted professionalstandards of medical practice.

(h) PAYMENT OF INCOME TAXES."

(1) IN GENERAL."Not later than the date onwhich status is adjusted under this section, the applicantshall satisfy any applicable Federal tax liabilityaccrued during the period of Z nonimmigrantstatus by establishing that"

(A) no such tax liability exists;

(B) all outstanding liabilities have beenpaid; or

(C) the applicant has entered into, and isin compliance with, an agreement for paymentof all outstanding liabilities with the InternalRevenue Service.

(2) IRS COOPERATION."The Secretary of theTreasury shall establish rules and procedures underwhich the Commissioner of Internal Revenue shallprovide documentation to"

(A) the applicant, upon request, to establishthe payment of all taxes required underthis subsection; or

(B) the Secretary, upon request, regardingthe payment of Federal taxes by an alien applyingfor a benefit under this section..

(i) DEPOSIT OF FEES."Fees collected under thisparagraph shall be deposited into the Immigration ExaminationFee Account and shall remain available as providedunder subsections (m) and (n) of section 286 of theImmigration and Nationality Act (8 U.S.C. 1356).

(j) DEPOSIT OF PENALTIES."Penalties collectedunder this paragraph shall be deposited into the TemporaryWorker Program Account and shall remain availableas provided under subsection (w) of section 286 ofthe Immigration and Nationality Act (8 U.S.C. 1356), asadded by section 402.

formerfso
2007-06-27 00:52:34

The $4000 fee is per family - so each of the illegals in the country could bring over many more dependents. Given that it costs ~$10K to educate a kid in the California public schools, the payment will cover less that half the cost of one year of education for one child. As a thought experiment, let's say each illegal has one child whose average age is 9. It will cost the US net ~$86,000 to educate that child through high school (assuming these kids are no more expensive to educate that the current population - a big assumption). $86,000 x 12 million = $1 TRILLION!!! That's a lowball estimate of the educational liability. What about all the other liabilities? Aliens are supposed to pay back taxes. How is the government going to ascertain what each alien owes - especially those who wok illegally for cash. QUESTION: Will they be eligible for the Earned Income Tax Credit?

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Hammurabi
2007-06-27 09:00:21

How does the IRS calculate the amount of tax owed on money paid under-the-table?

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cybrsage
2007-06-27 10:21:14

First - WHY IS THIS THING DOUBLE POSTING?? ok... They will probably use the same thought process they use to tax the tips a waitress makes.

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DC-Interested
2007-06-27 11:24:44

Wait a minute. The back taxes provision only applies to those who want to change their status from "Z" status to lawful permanent resident status, and it only covers taxes incurred during the period that the immigrant worked under a "Z" visa, right? So someone who worked illegally for 15 years, applies for and receives a "Z" visa, and then, two years later, wants to apply for permanent resident alien status only has to demonstrate that he has paid taxes for the two-year "Z" visa period, not on the total 17-year period he's been in the country. Am I missing something and, if not, how can I become illegal before next April 15!

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