Wes Hickman (202) 224-5972 or Kevin Bishop (864) 250-1417

‘TOUCHBACK’ Z-VISA APPLICANTS MUST LEAVE THE UNITED STATES TO BECOME A Z-VISA HOLDER

The legislation has been criticized for allowing z-visa applicants to stay in the United States indefinitely in z-visa status.  Others have claimed said z-visa holders will never have to leave the United States.  

• The illegal alien head of household – currently residing in the United States -- will have to leave our country within 3 years and return to their home country.

• Once in their home country, they can complete their z-visa application. 

• After 3 years, if the illegal alien has not 1) left the United States, 2) returned to their home country, 3) submitted the appropriate paperwork from their home country, then their probationary status will be revoked.  They will be deported along with their spouse and any non-American citizen children.

 

VISA OVERSTAYS

Approximately 40 percent of the illegal aliens in the United States today did not come across our nation’s southern border.  They came to the United States legally on visas and simply refused to leave the when their visa expired.  The Graham-Kyl-Martinez amendment builds upon a provision already in the bill requiring mandatory jail time of at least 60 days to a maximum of 1 year in jail for aliens who illegally reenter the United States after being deported.

Graham-Kyl-Martinez would:

• PERMANENTLY bar from the United States any alien who overstays their visa.

• Aliens who overstay their visa by more than 60 days will be apprehended, detained, and deported.

• Establishes and deploys a biometric tracking system that records the entry and exit of all temporary workers and visiting family members to ensure we have a record of who overstayed a visa.   

• If the alien refuses to depart in a timely manner, DHS will – within 48 hours – enter the alien’s name in a database of overstays accessible for local, state, and immigration law enforcement officials.

• Authorizes an increase of 6,250 Immigration and Customs Enforcement personnel hired to carry out the removal of illegal aliens, to investigate immigration fraud, and to enforce illegal hiring at the workplace.

 

24 HOUR BACKGROUND CHECKS

The bill has been criticized for allowing probationary status to be granted to z-visa applicants 24 hours after they file an application, even if the alien has not yet passed all appropriate background checks.  The Graham-Kyl-Martinez amendment addresses those concerns.

• Ensures probationary status will only be granted after passing all appropriate background checks regardless of how long it takes for DHS to complete them.

• Z-visa applicants can pre-register online with DHS to speed their application and to make appointments for getting their fingerprints taken. 

 

GANG MEMBERS NEED NOT APPLY FOR A Z-VISA

Critics have said illegal alien gang members will be allowed to receive legal status under the legislation.

• Graham-Kyl-Martinez makes it clear that gang members – even those who have renounced their gang ‘membership’ – are ineligible for the z-visa program.

 

CHILD MOLESTORS NEED NOT APPLY FOR A Z-VISA

Critics have said some child molesters will be allowed to receive legal status under the legislation.

• Graham-Kyl-Martinez makes clear that illegal aliens convicted of sexual abuse on a minor are ineligible regardless of when the offense occurred.

 

ADDRESSES VISA OVERSTAYS USING THE ‘PARENT’ VISA

Critics of the legislation have criticized the new ‘parent’ visa which allows parents of American citizens and the spouses and children of temporary workers to visit a worker in the United States.

• Graham-Kyl-Martinez raises the bond for visiting family members from $1,000 to $2,500 to help ensure they depart when their visa is up.

• Overstay provisions described above apply to the ‘parent’ visa holders.

 

ILLEGAL ALIEN DRUNK DRIVERS FACE HARSHER STANDARDS

• Illegal aliens who have 2 state or federal convictions or 1 felony conviction for drunk driving will not be allowed to gain legal status.