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Question:  I entered the United States without inspection or authorization with my parents when I was 2 years old.  I am still undocumented.  I just graduated from high school with very high grades in school and would like to become a registered nurse.  I would like to attend a college or university but I do not have a social security number.  Can I get admitted into college since I am undocumented and do not have a social security number?

Answer: It depends upon what state or locality you live in.  Texasp> law allows certain resident undocumented students to attend college and to pay in-state tuition.  South Carolinap> recently passed a law prohibiting undocumented students from attending state supported colleges.  North Carolinap> prohibits undocumented students from attending community colleges, but not junior or four year colleges.  Mississippip> does not expressly prohibit undocumented students from attending state colleges, but limits in-state tuition fees to lawful permanent residents and U.S. citizens at community colleges.  Each state and/or college and university system has its own rules.  The best thing to do is to check the admission policies of the colleges or universities that interest you.  You can find those policies in the college catalog in print or online.  You can also seek help from an immigrants' rights group or immigration attorney.  Good luck in pursuing your goal.

Question: Is there any proposed federal legislation that might improve the plight of undocumented immigrants and others that the US Congress will address in 2010?

Answer:  There is proposed legislation and, hopefully Congress will discuss and pass some of it in 2010.  One major piece of legislation is called the Development, Relief and Education for Alien Minors (DREAM) Act.  The DREAM Act, reintroduced by a bipartisan group in the U.S. House and Senate in March 2009, addresses the situation faced by young undocumented people who were brought to the United States as children and have since grown up here, stayed in school and have not had any trouble with the law.  There have been about 65,000 students raised in the U.S. in each of the past few years who would qualify for immigration relief under the DREAM Act.  These include honor roll students; talented athletes; artists and scientists; and aspiring teachers; physicians; attorneys; and military personnel.  They are young people who have lived the majority of their lives in the United States, but due to their undocumented status are unable to work; most cannot study legally in this country, and they live in constant fear of detection and deportation by immigration authorities.  The DREAM Act would apply to eligible undocumented immigrants between the ages of 16 and 35.  It would allow these young people to seek lawful permanent residence and citizenship and get on with their lives in the only country they have really ever known.

Another piece of legislation was introduced in the U.S. House of Representatives by Congressman Luis Gutierrez, a Democrat from Illinois on December 15, 2009.  H.R. 4321 is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR ASAP).  The legislation contains six parts called titles:

Title 1 focuses on Border Security, Detention and Enforcement.  One of the provisions of Title 1 repeals the so-called "287(g) program" and clarifies that the authority to enforce federal immigration law lies solely with the federal government.

Title 2 focuses on Employment Verification, which sets up a system to employers to verify each new hire's authorization to work in the United States.

Title 3 addresses Visa Reforms and focuses on the reduction of existing immigrant visa backlogs for family members and workers.

Title 4 proposes an Earned Legalization Program for the Undocumented.  It creates a program providing conditional non-immigrant (temporary) status for eligible undocumented immigrants, their spouses and children and would be valid for six years.  Those undocumented immigrants who have been convicted of serious crimes or persecution in the United States or abroad would be ineligible for this program.  If temporary legal status is granted, however, the status could lead to permanent residence and naturalization after the six-year period.  Requirements for adjustment of status to residency would include demonstration of positive contributions to the United States, comprehensive criminal and security background checks, knowledge of the English language and civics, medical examination and payment of all taxes.   Pursuant to Title 4 there would be a special rule for those undocumented immigrants brought to the United States before age 16 with an accelerated path to lawful permanent residency.  Title 5 would strengthen America's workforce by establishing a Commission on Immigration and Labor Markets to provide researched, unbiased, accurate recommendations for future flows of workers.  It would also establish the American Worker Recruit and Match System to match qualified workers with certain job opportunities.  A key component of Title 5 would protect foreign workers from exploitation and abuse inflicted by their employers.

Title 6 of the CIR ASAP Act would promote the Integration of New Americans by streamlining the naturalization process and giving financial assistance to community-based organizations, such as the Mississippi Immigrants Rights Alliance (MIRA), in order to help new Americans adjust to life in the United States.

It is important to note that President Barack Obama and his administration support the foregoing legislative initiatives.

Question:  I have a rather urgent question regarding my mother, and whether or not she is eligible for Medicare and Social Security retirement benefits.  My mother is currently "out of status," as I understand it. She came into the U.S. 30 years ago on a temporary visa and has raised her children here.  I have reviewed her passport, visa, and I-94 documents; all clearly state that they expired in 1985.  Simply put, she never left, but has built a life and raised children in America.

She is separated from her husband, who is currently not in the United States and not a U.S. citizen.At one point, shortly after she turned 65, she did attempt to apply for Social Security benefits; the office told her they need to see her immigration documentation and she never returned because of her fear of being reported/deported.

She is now 70; her fear I applying for Medicare and Social Security is that she will get reported to ICE and will subsequently be deported.  My mother has now been diagnosed with cancer and is undergoing procedures that are made possible through a state Medicaid program, but now we've been told by the hospital's "intake Coordinator" that Medicaid will not cover the chemotherapy that my mother will need.

I have no idea how we will attain the medical care needed for her cancer, along with other health problems brought on naturally by age. After doing hours of research on eligibility for Medicare, I'm under the impression that she will be denied coverage.  What is your opinion on this?

Answer:  From what you describe your mother may indeed be out of legal immigration status.  According to the Guide to Immigrant Eligibility for Federal Programs, 4th Edition published by the National Immigration Law Center (NILC) your mother is not eligible for Medicare if she is not lawfully present and if she is not a permanent resident.  Whether your mother is eligible for Social Security benefits depends upon several factors which you did not discuss in your letter. Please check out the NILC web site at www.nilc.org for more information.

All states must provide Emergency Medicaid services to state residents regardless of immigration status if they meet Medicaid's other eligibility requirements.  This includes undocumented immigrants.  An emergency is defined as a medical condition with acute symptoms that could place the patient's health in serious jeopardy, result in serious impairment to bodily functions, or cause serious dysfunction of any bodily organ or part.  Maybe your mother is eligible for Emergency Medicaid.

I suggest that you consult with a reputable immigration attorney in your state or a Board of Immigration Appeals (BIA) Accredited Representative to see if your mother is eligible to apply for lawful permanent residence status based upon her relationship to you or your siblings.  At the same time, you should inquire about her eligibility for federal and state health benefits.  Look at the Catholic Legal Immigration Network (CLINIC), American Immigration Lawyers Association (AILA) or National Immigration Project of the National Lawyers Guild (NIP) web sites (www.cliniclegal.org) (www.aila.org) or (nationalimmigrationproject.org) to help you find qualified immigration lawyers or Accredited Representatives.

Question: I am an employer in New York.  I have heard there is a new immigration Form 1-9.  Please tell me about any changes to the new form.p>

Answer: Pursuant to the Immigration Reform and Control Act of 1986, all employers are required to keep a Form I-9 Employment Eligibility Verification on file for each employee.  The Department of Homeland Security (DHS) United States Citizenship and Immigration Services (USCIS) recently issued a revised Form I-9, and a new Handbook for Employers, Instructions for Completing the Form I-9 (M-274).  Both the Form I-9 and the Employer Handbook are available for download at www.uscis.gov or can be ordered by calling 1-800-870-3676.  As of November 7, 2007 the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use, although employers do not need to complete new Form I-9s for existing employees unless they require re-verification.

On the new Form I-9, five documents have been removed from List A of the Lists of Acceptable Documents.  They are 1) Certificate of U.S. Citizenship (Form N-560 or N-561), 2) Certificate of Naturalization (Form N-550 or N-570), 3) Alien Registration Receipt Card (Form I-151), 4) Unexpired Re-entry Permit (Form I-327), and 5) Unexpired Refugee Travel Document (Form I-571).  One document was added to List A of the List of Acceptable Documents: 1) Unexpired Employment Authorization Document (Form I-766).  All of the Employment Authorization Documents with photographs that are in circulation are now included as one item on List A: I-688, I-688-A, I-688-B and I-766.  Instructions regarding Section 1 of Form I-9 now indicate that the employee is not obliged to provide his social security number in section 1 of Form I-9 unless he is employed by an employer who participates in E-Verify.  The section on Photocopying and Retaining Form I-9 now includes information on electronically signing and retaining I-9 forms.  Employers may only accept documents listed on the Lists of Acceptable Documents on Form I-9.  The Form I-9 is available in English and Spanish, however, only employers in Puerto Rico may have employees complete the Spanish version for their records.  Puerto Rican employers are not required to use the Spanish version.  Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and keep the English version in the employer's records.