Many proposals are currently pending in Congress and many more will likely be introduced that would allow certain undocumented persons to earn legal status in the United States. These proposals have not yet been passed, and it may take a long time for any of them to become law. The Catholic Church in the United States supports comprehensive immigration reform that will include a fair and just earned legalization program.

How Can I Start to Prepare for A Legalization Program?

What is Legalization?

An earned legalization program would allow undocumented foreign nationals living in the United States to file an application for legal immigration status in the United States. Depending on the proposed bill, undocumented people might be able to apply for temporary legal status in the United States. Then after a certain period of time in temporary legal status, they could apply for lawful permanent residence in the United States based on the amount of time they have lived and worked in the United States. Or a proposed bill might permit an undocumented person to apply to adjust from undocumented status directly to lawful permanent residence. Because there is not yet a law on legalization, it is unknown exactly how an undocumented person will be able to apply to obtain legal status in the United States.

Lawful Permanent Residence means that a foreign national would receive a “green card” permitting him/her to travel to and from the United States. The green card would also permit immigrants to work legally in the United States. Then, a certain time after receiving a green card, the immigrant may apply to become a U.S. citizen.

How Should An Undocumented Foreign National Prepare NOW for Legalization?

Although no one knows when Congress will pass a law permitting undocumented people to apply for legal status, the Catholic Church believes that whatever law ultimately passes will require that undocumented foreign nationals prove at least three things:

Identity
Physical presence or residency in the United States
Good moral character

The Catholic Church in the United States recommends that immigrants living in the United States without documentation start gathering valid documentation NOW to prove their identity, that they have been living and working in the United States, and that they have not been involved in certain criminal conduct while living in the United States.

Gather all documentation and keep it in one secure location. It is a good idea to make clear copies of all documents.

BEWARE OF NOTARIOS AND IMMIGRATION CONSULTANTS who offer help filing applications with the government. Many of these consultants have taken advantage of undocumented immigrants by filing applications on behalf of undocumented foreign nationals without verifying whether the individual is actually eligible for the immigration benefit. Congress has not yet passed any law that authorizes the legalization of undocumented people!! If a person offers to file an application for legalization on behalf of an undocumented foreign national, they may be putting that foreign national in danger of deportation!!

We strongly suggest foreign nationals seek legal assistance only from a Board of Immigration Appeals (BIA) recognized non-profit organization such as Catholic Charities or from a licensed attorney.

August 3, 2005

DISCLAIMER: This handout is not legal advice. It is for educational and informational purposes only. If you know of someone who needs legal advice, advise him or her to consult either a licensed immigration attorney or an accredited representative from a Board of Immigration Appeals (BIA) recognized agency. An undocumented foreign national should not seek legal advice from a notario or an “immigration consultant” who is not accredited by the BIA

A Letter to Migrants

Dear Sisters and Brothers:

In a spirit of fraternal care and solidarity, we, the bishops of Mexico and the United States, have issued a Pastoral Letter addressing our concern for those who have to leave their homes and migrate to another country to provide the necessities of life for themselves and their families. Our pastoral solicitude reaches out to all who are pilgrims in this world, since we all journey together to the Kingdom that awaits us. As Christians we must support each other in the challenges and daily difficulties we encounter in this life.

The difficulties you encounter as migrants are many. If you migrate to become a permanent resident in another country, the culture and language adjustment will be challenging. If you migrate on a temporary basis for work, with or without immigration documents, your work will be difficult and your very lives and safety may sometimes face danger. We cannot help but recognize your plight at these times; and so, as teachers of the faith and promoters of justice in the world, we speak directly to you. The burden is heavy on your backs. We want to lighten the burden. We have challenged both of our nations to recognize your inherent human rights and dignity and to acknowledge the tremendous contributions you make to the economic, cultural, and spiritual advancement of both nations. We have also challenged our governments to pursue more just and fair treatment of all migrants.

We hope that our words, our challenges and warnings can be turned into effective change in existing laws and immigration systems in ways that protect your rights and dignity as God’s children. We pledge to do all that is in our power to provide responsive pastoral care so that, although you may be in a foreign land, you will always find a home in every Catholic Church and that you will be welcomed fully into the spiritual life of the Church no matter where you are.

We invoke the protection of Our Lady of Guadalupe, Patroness of the Church in America, which includes many nations, many people, but remains one in faith, hope and love. May you and your families always experience Our Lady’s maternal presence and love during your journey.

With prayers for a safe journey and spiritual fulfillment, we are

Yours in Christ,

Most Reverend Thomas Wenski

Auxiliary Bishop of Miami

Chairman,

Committee on Migration

United States Conference of Catholic Bishops

Most Reverend Renato Ascencio Leon

Obispo de Ciudad Juárez y Presidente de la

Comisión Episcopal para la Pastoral de la

Movilidad Humana

Conferencia del Episcopado Mexicano