The US Citizenship Act of 2021
President Joe Biden sent a bill called the “US Citizenship Act of 2021” to Congress on day one of his presidency to start comprehensive immigration reform. It is significant that the Bill was proposed on the first day of this administration and that its scope is more comprehensive than bills of previous administrations. The Biden Administration is making immigration reform a key policy issue.
The Bill purports to “restore humanity and American values to our immigration system” and covers three broad areas.
1. Provide pathways to citizenship and strengthen labor protections
2. Prioritize smart border controls
3. Address root causes of migration
First, there are two pathways to citizenship for two different groups.
The undocumented can (1) apply for temporary legal status, (2) have the ability to apply for green cards after 5 years if they pass security background checks and pay their taxes, and (3) apply for naturalization 3 years later.
Dreamers, TPS holders, and immigrant farmworkers can (1) apply for green cards immediately if they meet specific requirements and (2) apply for naturalization after 3 years.
However, the Fact Sheet is not clear on what it means to have the ability to apply for a green card or what specific requirements need to be met. It is likely that new forms and processes will be created instead of using those that exist for pathways to employment-based or family-based green cards. While expected to be a more simplified process, it is not going to be automatic.
Also, it is notable that these two groups will be able to apply for US citizenship 3 years after obtaining green cards. Currently, unless married to a US citizen, most green card holders in the US must wait 5 years to be eligible to apply for US citizenship. During the legislation process, perhaps a change will be made to allow the same wait time for everyone regardless of how they obtained their green cards in the first place.
The Bill is also ambitious in many other areas. Here are some notable provisions. The Bill
- may allow certain immigrants who were deported on or after January 20, 2017 after having lived in the US for 3+ years to return to reunite with family or for other humanitarian reasons.
- eliminates the 3 and 10 year re-entry bars.
- increases the annual country quota on family-based green cards and eliminate it for employment-based green cards.
- expands the number of green cards available to employment-based immigrants by exempting spouses and children of green card holders from the annual quotas and recapturing unused visas from previous years.
- allows H-4 spouses to apply for employment authorization documents.
- prevents children from aging out even if they turn 21 before their green card case is approved.
- makes it easier for graduates of US universities with advanced STEM degrees to stay in the US (the campaign proposal had suggested exempting US Ph.D. holders from visa caps; the Bill does not provide any more details but ‘advanced degrees’ could include Ph.Ds. or maybe even Master’s degrees)
- supplements technology and infrastructure to manage the border and crack down on criminal organizations.
- invests $4 billion during the next 4 years to address the underlying causes of migration.
- establishes regional processing centers in Central America to register and process displaced people for refugee resettlement and other legal migration programs.
The Bill is far broader and more ambitious than the comprehensive immigration reforms of previous administrations. In order for such a comprehensive bill to pass, the Senate and the House of Representatives must agree, and so it is unlikely that it will pass quickly or with all the proposed provisions.
The Bill has raised great expectations in the immigrant community. There is also a growing concern about unscrupulous immigration consultants and immigration consulting fraud. Since the Bill must be passed and the details are unclear, be patient, be wary of immigration scams, keep up with the legal developments through reliable news outlets, and when the time comes, prepare an accurate and complete application.
2021-01-27
Judy Chang Law Firm, National Immigration Law Firm
Copyright© Judy J. Chang, Esq. All rights reserved.
The information contained in article is provided for general information only and should not serve as a substitute for legal advice.
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