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I would say the chances of the Bill passing into law before 2014 are 50/50. To show my age, I’m quoting the Music Man, “Ya got trouble in River City.” In this case, “Ya got trouble in the House of Representatives.” The House is different than the Senate and much more susceptible to public opinion.

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Unlike the new Senate Bill, this is very simple. Based on the recent Supreme Court Ruling. If a gay U.S. citizen marries their spouse in any state which allows gay marriage, the Spouse can immediately file for a Green Card.

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The language of the Bill is not completely clear, it seems to say if you travel with US CIS authorization outside the US after December 31, 2011, you should be still fall under the new immigration law, however, the question will remain: is the person in legal status at the time of traveling? which may make the immigrant ineligible unless they fell out status before April 16, 2013.

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Should I fall out of status so I can get a green card through the New Immigration Bill?

Many of our clients are wondering if they should fall out of status and become illegal, and get the benefits of the possible new law. Unfortunately, the bill has stated that you must be already out of status as of April 16, 2013 which was the day the bill was introduced. There will be some questions as to when person fell out status for Student and Business Visa, but the simple answer is that people legally in status as of April 16, 2013 should stay in legal status.

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What is in the Senate Immigration Bill?

What is in the Senate Immigration Bill?

The bipartisan group of senators known as the “Gang of Eight” introduced S. 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act.”

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Andrew P. Johnson - Immigration Lawyer