US Citizenship Act of 2021

U.S. Citizenship Act of 2021

On 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.

by Ron Katiraei, Esq., Law Office of Ron Katiraei

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

• Assist workers in lower-wage sectors to obtain access to green cards; and • Eliminate other unnecessary barriers for obtaining employment-based green cards

It would also: • Provide EADs (Employment Authorization Documents, or work permits) for H-4 visa holders • Prevent children from “aging out” • Create a pilot program to stimulate regional economic development • Give DHS the authority to adjust green cards based on macroeconomic conditions • Help prevent unfair competition with American workers by incentivizing higher wages for nonimmigrant, high-skilled visas

Reforming the Immigration Courts

The U.S. Citizenship Act of 2021 would: • Reduce immigration court backlogs • Expand training for immigration judges • Ameliorate family case-management programs • Improve technology for immigration courts; and • Restore fairness to our immigration system by providing for due process of law and for the hiring of staff who come with experience in immigration rights, immigration law, and refugee resettlement

Supporting Asylum Seekers and Other Vulnerable Populations

The U.S. Citizenship Act of 2021 would: • Eliminate the one-year deadline for filing asylum applications • Apply funds toward addressing asylum application backlogs • Safeguard, through increased protections, U visa,

T visa, and VAWA (Violence Against Women Act) applicants • Raise the cap on U visas from 10,000 to 30,000 • Expand protections for foreign nationals who assist

U.S. troops

Ron Katiraei, Esq. is a licensed attorney admitted in the State of New York and can handle immigration matters in all 50 states. He is a frequent writer and lecturer on various immigration topics.

Disclaimer: This article includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. If you need to speak to an attorney about a particular manner, please contact us!