An Explanation of Biden’s Immigration Reform Proposal

Posted by Berd & Klauss, PLLC on April 7th, 2021

Immigration laws and policies may be changing for unauthorized immigrants in the United States, as well as for those who were brought illegally into the country when they were children. Democratic lawmakers in the Congress introduced the immigration bill on February 18, 2021 with the intention to provide an eight-year path to citizenship for the unauthorized immigrants, while those who were illegally taken to the country as children will be provided with a faster track to become US citizens. Immigration law firms in NYC are standing by for any developments, which may be helpful to many of their clients who may be under those circumstances.

Understanding the US Citizenship Act of 2021

Under this bill, immigrants may apply for legalization if they were already in the US on or before January 1, 2021. Moreover, they must not have a criminal record and they are required to pay all relevant fees. Agricultural workers, Temporary Protected Status holders, and individuals who came to the US as minors (also called ‘Dreamers’) have special provisions. You can learn more about the bill with help from an experienced and reputable US immigration lawyer in New York.

What happens if you have a criminal record?

Those who may have committed non-violent crimes may be eligible for a waiver. Having certain crimes on your record that make you a national security concern or you were proven to be involved in non-citizen smuggling and other relevant issues are likely to prevent you from getting relief under that bill. You may need some assistance from one of the good immigration law firms in NYC to know how you can improve your situation and chances of legally obtaining US citizenship.

The process

Applicants must secure an LPI (Lawful Prospective Immigrant) status as the first step to get legal permanent residence. That should be valid for six years. However, immigrants must wait at least five years before they can apply for their green card or legal permanent residence. They must pass background checks and fulfill their tax duties, too. After three years of legal permanent residence, immigrants can become eligible for US citizenship.

Consider getting in touch with a US immigration lawyer in New York to learn more about the proposed immigration proposal. The bill will not cover individuals who are temporarily living in the US or just visiting. LPI status can be granted to H-2A visa holders and non-citizens who have engaged in essential infrastructure services or labor in the US. Those who are already qualified for DACA or enrolled in it do not have to apply for LPI.

About the Author:

This content is written by Patrick Klauss, Esq, who is an immigration lawyer and a partner at Berd&Klauss, PLLC. The firm specializes in immigration & immigration-related issues and handles everything from immigrant visas to deportation and waivers.