What’s in the US Citizenship Act of 2021?

On February 18, 2021, Biden administration introduced a 353-page immigration reform bill, U.S. Citizenship Act of 2021 (the Act), to the Senate and the House of Representatives. This reform bill includes an extensive amount of provisions covering a broad range of aspects regarding immigration:

First, the bill established “Lawful Prospective Immigrant (LPI)” for eligible non-citizens along with their spouses and children. LPI is a path to citizenship. LPI holders are considered lawfully present in the US for all purposes.

Section 1101 provides that non-citizens who have been in the US before January 1, 2021, pay all required fees and have no criminal records may be eligible for LPI. LPI is valid for 6 years and extendable for additional 6 years. To individuals who hold valid LPI status for at least 5 years, pay required tax, have no criminal records, and pass background checks, it is permitted to adjust status to lawful permanent residence, provided by Section 1102. LPI status holders are authorized to work and travel. However, without permissions of DHS, the time outside the US is limited to 180 days. LPIs will be granted Social Security Numbers and allowed to join the US Armed Forces.

The bill makes green card available to Dreamers and farm workers. Section 1103 provides for adjustment to lawful permanent resident for Dreamers (and their spouses and children) under DACA. Section 1105 provides for the adjustment of lawful permanent resident of agricultural workers who perform agricultural labor or service for at least 2,300 hours or 400 workdays during the 5-year period immediately preceding the date of submission of application.

For international students, Section 3401-10 provide that, Doctoral STEM graduates from an accredited US university are not subject to numerical limits. The number of employment-based green card increases by 30,000. Derivatives of employment-based immigrants do not count against the caps and the unused ones are added to the maximum. Employment-based per country caps are eliminated. With an approved immigrant petition, permanent residence is provided if the priority date is more than 10 years. H-4 spouses and children are authorized to work. H-4 children may extend status beyond 6 years regardless of age under registrations. Noncitizens who are issued a nonimmigration visa status (including F, H1B, L and O) may extend the status if it’s been 365 days or more since the filing of a PERM or an employment-based immigrant petition (EB1/NIW I-140, etc.). During the time of extension, these noncitizens are authorized to work. For F postsecondary students, dual intent is allowed.

The bill also promotes family reunification. Section 3101 to 3112 address the reformation regarding families. Unused family-based green cards numbers are recaptured and increased the cap to 480,000. Spouses and minor children of permanent residents become immediate relative, therefore are not subject to the limits. The bill eliminates the 3/10 year and permanent bars and makes misrepresentation of citizenship no longer a ground of inadmissibility or removal if the claim was made before 21. For Fiancés and Fiancées, K2 children’s age is determined as of the date of filing the petition. The bill also supports LGBTQ+ families and includes “permanent partnerships”. Applicants with approved family-sponsorship petitions can wait for green cards in the US on a temporary basis.

The bill makes it easier for senior new citizens. Section 3510 provides a waiver of English requirement for certain seniors. DHS may also waive the civic/history test on a case-by-case basis for seniors over 60 and at least 10 years since becoming a green card holder.

This bill had been introduced to the Senate and the House. House Judiciary Chair Jerry Nadler said that, the House will not vote in March because it will need to “engage in some consultations with key members and stakeholders.” This bill contains an extensive number of provisions therefore it wouldn’t be easy to get it passed as a whole. Attorneys at Law Office of Hong-min Jun are watching closely to the news and updates about this bill. Please contact us via phone (317-701-2768), email(askus@junlawfirm.com), our facebook page and office website if you have any questions or comments!

LAW OFFICE OF HONG-MIN JUN.

Hong-min Jun, attorney at law