On January 20, 2021, President Biden despatched the U.S. Citizenship Act of 2021 to Congress.
The invoice would modernize our immigration system and supply a pathway to citizenship for undocumented people and others.
U.S. Citizenship Act of 2021
The U.S. Citizenship Act of 2021 is an formidable plan to overtake our nation’s immigration system. Not solely does it create a path to citizenship for the undocumented, TPS holders and Dreamers, it proposes important reforms to our authorized immigration system which relies on household ties, employment and the visa lottery.
It additionally proposes reforms for momentary working visas and the Immigration Court docket System.
Whether or not it will likely be enacted into regulation we’ll see within the coming months.
Shopper Opinions
Skilled and Educated Legislation Agency
“I’ve had a decade of expertise with Mr. Shusterman’s regulation agency. I used them for my immigration wants from H1 to citizenship. It’s protected to say this is among the most competent, skilled and educated regulation corporations. If there’s a agency that may deal with any attainable immigration case routine or in any other case; then that is it.”
– D. Chen, Phoenix, Arizona
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A Pathway to U.S. Citizenship
Sure undocumented people who’ve paid their taxes and handed legal background checks would have the ability to apply for momentary authorized standing within the U.S.
After 5 years, they might have the ability to apply for inexperienced playing cards.
Dreamers, TPS holders and H-2A farmworkers would have the ability to apply for inexperienced playing cards instantly.
After 3 years, all inexperienced card holders who move extra background checks and show data of English and U.S. civics may apply to change into U.S. residents.
The invoice requires that candidates have to be bodily current within the U.S. on or earlier than January 1, 2021. Nonetheless, the DHS Secretary could waive the presence requirement for these deported on or after January 20, 2017 who have been bodily current for at the very least 3 years previous to removing for household unity and different humanitarian functions.
Reforming Household Immigration
The U.S. Citizenship Act of 2021 would enable beneficiaries with permitted I-130 visa petitions to enter the U.S. whereas ready for his or her precedence dates to change into present.
Per-country family-based caps could be raised and unused immigrant visas could be recaptured thereby lowering prolonged ready instances.
The invoice would get rid of discrimination towards LBGTQ+ households and supply protections for orphans, widows and youngsters in addition to Filipino conflict veterans who fought alongside Individuals in World Struggle II.
The three and the 10-year illegal presence bars could be eradicated.
The variety of inexperienced playing cards for the Range Visa Lottery could be raised from 55,000 to 80,000 yearly.
The phrase “alien” could be modified to “noncitizen” in our immigration legal guidelines.
Reforming Employment-Based mostly Immigration
The U.S. Citizenship Act of 2021 would:
- Clear employment-based visa backlogs, recapture unused visas, scale back prolonged wait instances, and get rid of per-country visa caps;
- Make it simpler for graduates of U.S. universities with superior STEM levels to remain in the US;
- Enhance entry to inexperienced playing cards for staff in lower-wage sectors; and
- Get rid of different pointless hurdles for employment-based inexperienced playing cards.
It could additionally:
- Present EADs for H-4 visa holders;
- Forestall kids from “getting old out”;
- Create a pilot program to stimulate regional financial improvement;
- Give DHS the authority to regulate inexperienced playing cards based mostly on macroeconomic circumstances; and
- Incentivize greater wages for non-immigrant, high-skilled visas to forestall unfair competitors with American staff.
Reforming the Immigration Courts
The U.S. Citizenship Act of 2021 would:
- Scale back immigration court docket backlogs;
- Develop coaching for immigration judges;
- Enhance expertise for immigration courts;
- Restore equity and steadiness to our immigration system by offering judges and adjudicators with discretion to overview instances and grant reduction to deserving people; and
- Present funding for authorized orientation packages and counsel for youngsters, weak people and others.
Supporting Asylum Seekers and Different Weak Populations
The U.S. Citizenship Act of 2021 would:
- Get rid of the one-year deadline for submitting asylum functions;
- Present funding to scale back asylum software backlogs;
- Will increase safety for U visa, T visa, and VAWA candidates;
- Increase the cap on U visas from 10,000 to 30,000; and
- Develop protections for overseas nationals helping U.S. troops.
