Feature Story
U.S. Citizenship Act of 2021
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by Ron Katiraei, Esq., Law Office of Ron Katiraei
n January 20, 2021, President Joe Biden sent an immigration reform bill entitled The U.S. Citizenship Act of 2021 to Congress, in a move that highlighted his prioritization of immigration policy. The bill provides numerous measures that help to make U.S. immigration policy less restrictive. This shift strives to grant pathways to citizenship to undocumented immigrants and to keep families united.
U.S. Citizenship Act of 2021
The U.S. Citizenship Act of 2021 not only would create a path to citizenship for the undocumented, TPS holders and Dreamers, but also, it would address the areas of 1) Border security, such as through new screening technologies, officer training, infrastructure, and Department of Homeland Security (DHS) policy on professional responsibility, misconduct, and use-of-force; 2) Securing the Central American region, with regard to violence and economic stability; 3) Getting rid of the per-country cap for employmentbased green cards and increasing work visa availability; and 4) Disallowing discrimination in immigration policy that is based on religion, among other issues. President Biden’s immigration bill faces political challenges and requires support from advocates, including those in the U.S. business community, in order to gain passage. Despite the practical battles that the bill faces, lawmakers can approve of, at the least, parts of the plan, through other legislative motions.
A Pathway to U.S. Citizenship
This immigration reform bill aims, at its core, to create an eight-year path to citizenship for undocumented immigrants. In addition, after passing background checks and paying taxes, the undocumented immigrant population could have the ability to apply for green cards after five years. The impact of this proposal, if passed, is that it would legalize more than 10.5 million undocumented immigrants currently living in the U.S. For immigrants falling under the purview of the Deferred Action for Childhood Arrivals (DACA) program, in addition to those categorized as Temporary Protected Status and farmworkers, the immigration reform bill would offer eligibility to apply for green cards immediately. Furthermore, after holding a green card for three years and passing additional background tests, this identified group could have the ability to apply for U.S. citizenship. Applicants must satisfy the condition of being physically present in the U.S. on or prior to January 1, 2021. For those individuals deported on or after January 20, 2017, who were
physically present for at least 3 years prior to removal, the DHS Secretary may waive the presence requirement owing to family unity and other humanitarian purposes.
Reforming Family
The U.S. Citizenship Act of 2021 would help families stay united, such as through approved I-130 visa petitions under which immigrants can join family in the United States temporarily, while they wait for the availability of green cards. The bill outlines policy that would assist in clearing backlogs, recapturing unused visas, and reducing lengthy wait times. In addition, the bill calls for the amelioration of family case-management programs, the expansion of training for immigration judges, and the improvement of technology for immigration courts. The bill calls for the inclusion of permanent partnerships to eliminate discrimination toward LGBTQ+ families. Furthermore, it provides for protections for orphans, widows and children and Filipino veterans who fought alongside the United States in World War II. The bill would eliminate the 3- and 10-year unlawful presence bars. The number of green cards for the Diversity Visa Lottery would be raised from 55,000 to 80,000 annually. The bill would change the word “alien,” which has a negative connotation, to “noncitizen,” in our country’s immigration laws, a change that symbolizes the United States’ being a country more welcoming toward immigrants.
Reforming Employment-Based Immigration The U.S. Citizenship Act of 2021 would: • Assist in clearing employment-based visa backlogs, recapturing unused visas, reducing lengthy wait times, and eliminate per-country visa caps • Assist graduates of U.S. universities with advanced STEM degrees to stay in the United States
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