What is Immigration Reform ?
Immigration reform is a term that was most often used by those wanting to create a way for people who had arrived or stayed in the country illegally to eventually get permission to stay in the country.
During the Bush and Obama administrations, legislation was crafted that tightened up border security but also proposed a way for people for who did not have legal status to “earn” legal permanent residency, which an immigrant must have before trying to become a citizen.
President Biden is sending a bill to Congress on day one to restore humanity and American values to our immigration system. The bill provides hardworking people who enrich our communities every day and who have lived here for years, in some cases for decades, an opportunity to earn citizenship. The legislation modernizes our immigration system, and prioritizes keeping families together, growing our economy, responsibly managing the border with smart investments, addressing the root causes of migration from Central America, and ensuring that the United States remains a refuge for those fleeing persecution. The bill will stimulate our economy while ensuring that every worker is protected. The bill creates an earned path to citizenship for our immigrant neighbors, colleagues, parishioners, community leaders, friends, and loved ones—including Dreamers and the essential workers who have risked their lives to serve and protect American communities.
The U.S. Citizenship Act will:
PROVIDE PATHWAYS TO CITIZENSHIP & STRENGTHEN LABOR PROTECTIONS
PRIORITIZE SMART BORDER CONTROLS
ADDRESS ROOT CAUSES OF MIGRATION
1. Determine if you are eligible by having a family member sponsor you. One of the most common forms of eligibility are sponsorships from a family member. If you have a family member who is a U.S. citizen or legal permanent U.S. resident and is at least 21-years-old, you may be eligible to apply. The U.S. Citizenship and Immigration Services (USCIS) defines family member as:
2.Seek sponsorship through your employer. Some employers are willing to sponsor an immigrant for permanent residency. This is required if you possess an exceptional skill or ability that is not commonly found in the general working population.[2] You must do a test with the labor market to illustrate that there are no available individuals for the job in the US, which is why you'd be eligible for a green card.
3. Check to see if you qualify as a special immigrant. Certain categories of immigrants may qualify for special immigrant status. Those employed as religious workers or international broadcasters, and those employed by an international organization or NATO-6 may qualify for this status. Additionally, the following groups may qualify:[5]
4. Qualify for legal residency through extraordinary circumstances. There are a number of legal resident qualifications that may apply if you experienced harsh or extraordinary circumstances in your homeland or upon your entry into the U.S. You may qualify for legal residency status under these terms if:
1. Meet with an immigration attorney. Prior to filing for lawful permanent resident status, you may want to meet with a U.S. Immigration Attorney. They can not only help make sure you are completely eligible, they can also help you prepare your forms and documents and assist with any complications that may arise.
2. Have your sponsor file your immigrant petition. If someone, such as a relative or your employer, is sponsoring your immigration, they will need to file an immigrant petition for you. If you qualify to file for yourself, you need to file your petition. The exact petition and documentation you need will depend on how you qualify for lawful permanent resident status. All forms are available from the USCIS website.
3. Fill out Form I-485 and submit it to USCIS. Form I-485 - Application to Register Permanent Residence or Adjust Status is essentially the application form for your green card. The form is about 18 pages in length and requires you to provide details about yourself, your family, your employment, and your eligibility.[11]
4. Pay the filing fee. You will need to submit your filing fee along with your I-485. You may submit a check along with your application, or pay online using a credit card. The fee structure for filing your I-485 is:
5. Schedule your biometrics services appointment. After you file your application, USCIS will help you schedule a biometrics services appointment at a local Application Support Center. Show up to your local center at the date and time listed on your appointment notice to provide biometrics including your fingerprints, photograph, and/or signature.[13]
6. Attend your Green Card interview. After your petition and application have been processed along with all background and security checks, you will be scheduled for an interview with someone from USCIS. The nature of the interview will vary somewhat depending on your application and qualifying circumstances. In general, it is important to be honest, polite, and calm throughout your interview.
7. Avoid traveling abroad while your application is pending. In many cases, you will be restricted from traveling outside of the U.S. while your lawful permanent resident application is pending. If you do need to leave the country for any reason, you may need to apply for an advance parole document prior to leaving the country.
1. Carry your Green Card with you at all times. Once you become a lawful permanent resident of the U.S., you are advised to carry your Green Card with you at all times. This serves as your proof that you are authorized to live and work in the U.S. It also functions as a photo ID, much like a driver's license or passport.
2. Do not travel outside of the U.S. for more than 12 months at a time. Remaining outside of the U.S. for more than 12 months could result in the loss of lawful permanent resident status. If you need to be outside of the U.S. for longer than 12 months, you may need to apply for a re-entry permit prior to leaving the country.
3. Renew your Green Card 6 months prior to expiration. Green cards typically expire every 10 years. Plan to begin your green card renewal process 6 months prior to when your green card's expiration date.
TIPS:
Even if you qualify in one of the approved categories, such as being an immediate family member or having an employer sponsor, it is very important that you check to see if you have a permanent bar or require a waiver. Individuals with a permanent bar cannot apply, even with a waiver. If they do apply, they are revealing themselves to the government and could be subjected to deportation.
Immigration laws and policies can change in many ways, from acts of Congress to court decisions to executive orders by the president. Laws can be rewritten, regulations or policies changed or court rulings handed down that adjust how the country governs immigrants and immigration-related matters.
The current Congress has not passed any substantial immigration laws recently, although it has discussed and debated the issue.
State and local governments also are writing their own laws on how to govern immigration. California has been the most liberal. In January, it implemented a law restricting law officers from asking people about their immigration status in certain cases. Other states, like Georgia and Texas, have passed laws that make it easier for law officers to question someone on their immigration status. The National Conference of State Legislatures has tracked states’ immigration laws over the years.
Under the Dignity Act, Dreamers and DACA recipients would be eligible to receive 10 years of “conditional permanent resident status.” Recipients of Temporary Protected Status (TPS) or Deferred Enforced Departure (DED) would be eligible for lawful permanent resident (LPR) status once they accumulated five years of “continuous presence” in the United States.
1. What is Temporary Protected Status?Congress created Temporary Protected Status (TPS) in the mmigration Act of 1990. It is a temporary immigration status provided to nationals of specifically designated countries that are confronting an ongoing armed conflict, environmental disaster, or extraordinary and temporary conditions. It provides a work permit and protection from deportation to foreign nationals from those countries who are in the United States at the time the U.S. government makes the designation. As of February 16, 2022, there were at least an estimated 354,625 people with TPS living in the United States. In addition, approximately 269,820 people may be eligible for TPS under five new designations announced by the Biden since that date.
For what reasons can a country be designated for TPS?
A country may be designated for TPS for one or more of the following reasons:
2. Who has the authority to designate a country for TPS?
The Secretary of Homeland Security has discretion to decide when a country merits a TPS designation. The Secretary must consult with other government agencies prior to deciding to designate a country—or part of a country—for TPS. Although these other agencies are not specified in the statute, these consultations usually involve the Department of State, the National Security Council, and occasionally the Department of Justice (DOJ). The Secretary’s decision as to whether or not to designate a country for TPS is not subject to judicial review, according to immigration law.
3. How long are TPS designations?
A TPS designation can be made for 6, 12, or 18 months at a time. At least 60 days prior to the expiration of TPS, the Secretary must decide whether to extend or terminate a designation based on the conditions in the foreign country. Decisions to begin, extend, or terminate a TPS designation must be published in the Federal Register. If an extension or termination decision is not published at least 60 days in advance of expiration, the designation is automatically extended for six months. The law does not define the term “temporary” or otherwise limit the amount of time for which a country can have a TPS designation.
4.Who is eligible for TPS?
In order to qualify for TPS, an individual must:
Nationals of a designated country do not automatically receive TPS, but instead must register during a specific registration period and pay significant fees. In addition, an individual’s immigration status at the time of application for TPS has no effect on one’s eligibility, nor does the previous issuance of an order of removal.
5. What does TPS authorize a noncitizen to do?
An individual who is eligible for TPS must register by submitting an application to U.S. Citizenship and Immigration Services (USCIS), an agency of the Department of Homeland Security (DHS). If a person demonstrates eligibility and USCIS grants TPS, that person receives temporary protection from deportation and temporary authorization to work in the United States. TPS beneficiaries have also been eligible in the past for advance parole, which provides permission to travel abroad and return to the United States, but they must apply for it separately. In July of 2022, USCIS discontinued the use of advance parole for TPS recipients and instead created “Form I-512T, Authorization for Travel by a Noncitizen to the United States,” a TPS-specific travel document that uses a separate legal authority to permit TPS recipients to travel outside the United States and be admitted on their return. Beneficiaries are not eligible for any public assistance by virtue of their TPS status.
6. Which countries have TPS?
As of May 2023, the following 16 countries were designated for TPS and the designation had not expired:
7. Which countries have had TPS in the past?
Since TPS was created, the following countries or parts of countries have had TPS designations that are now terminated:
8. Does TPS create a path to permanent residence or citizenship?
TPS does not provide beneficiaries with a separate path to lawful permanent residence (a green card) or citizenship. However, a TPS recipient who otherwise is eligible for permanent residence may apply for that status.
Generally, a person who entered the United States without inspection is not eligible to apply for permanent residence. Six federal appellate circuits previously ruled on this issue. Three federal appellate circuits (the Sixth, Eighth, and Ninth Circuits) ruled that a person with valid TPS status could adjust status to lawful permanent residence if otherwise eligible through a family-based or employment-based petition, even if he or she entered the United States without inspection. Three other federal appellate courts (the Third, Fifth, and Eleventh Circuits) ruled that a TPS recipient who entered without inspection is not eligible to adjust to permanent residence.
In June 2021, the Supreme Court subsequently ruled that a TPS recipient who entered the United States without inspection is not eligible to adjust to permanent residence from within the United States, overturning the prior decisions by the Sixth, Eighth, and Ninth Circuits. In order to gain permanent resident status, a TPS recipient who initially entered the United States without inspection must depart the country to have a visa processed at a consular post. For many TPS holders, a departure to have a visa interview would trigger bars to re-entry for up to 10 years.
Alternatively, some TPS recipients may be eligible to adjust status if they were granted advance permission from USCIS (referred to as advance parole), traveled abroad, and were paroled back into the United States. After July 2022, when USCIS discontinued the use of advance parole for TPS recipients, some TPS recipients may become eligible to adjust status after being granted authorization to travel through a TPS-specific travel document, and then being inspected and admitted upon their return.
9. What happens to a TPS beneficiary when a TPS designation ends?
TPS beneficiaries return to the immigration status that the person held prior to receiving TPS, unless that status has expired or the person has successfully acquired a new immigration status. TPS beneficiaries who entered the United States without inspection and who are not eligible for other immigration benefits, for example, would return to being undocumented at the end of a TPS designation and become subject to removal.
10.How are “Deferred Enforced Departure” and “Extended Voluntary Departure” related to TPS?
Employment authorization for Liberians under DED will expire on June 30, 2024. Liberians covered by DED may be eligible for permanent resident status under Section 7611 of the National Defense Authorization Act for Fiscal Year 2020, Liberian Refugee Immigration Fairness (LRIF). Under the LRIF as enacted on December 20, 2019, certain Liberian nationals were given a one-year window to pursue permanent residency in the U.S. This window was subsequently extended for an additional year, through December 20, 2021.
Extended Voluntary Departure (EVD) was the predecessor to TPS prior to the Immigration Act of 1990. It was a discretionary authority used by the Attorney General (at a time when the Immigration and Naturalization Service was housed in DOJ) to give nationals of certain countries experiencing turbulent country conditions temporary permission to remain in the United States. Congress eliminated EVD with the creation of TPS.
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