The U.S. Citizenship Act of 2021

The U.S. Citizenship Act of 2021 

Today on this 18th day of February 2021,President Biden sent an Immigration Bill to Congress that was introduced by Representative Sánchez (D-CA) as the U.S. Citizenship Act of 2021 in the House “to provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.” Some of the important highlights of the proposed bill are as under:

• The bill allows undocumented individuals to apply for temporary legal status, with the ability to apply for green cards after five years if they pass criminal and national security background checks and pay their taxes. 
• Dreamers, TPS holders, and immigrant farmworkers who meet specific requirements are eligible for green cards immediately under the legislation. 
• After three years, all green card holders who pass additional background checks and demonstrate knowledge of English and U.S. civics can apply to become citizens. 
• Applicants must be physically present in the United States on or before January 1, 2021. 
• The Secretary of the Department of Homeland Security (DHS) may waive the presence requirement for those deported on or after January 20, 2017 who were physically present for at least three years prior to removal for family unity and other humanitarian purposes. 
• The bill further recognizes America as a nation of immigrants by changing the word “alien” to “noncitizen” in our immigration laws. 
• The bill reforms the family-based immigration system by clearing backlogs, recapturing unused visas, eliminating lengthy wait times, and increasing per-country visa caps.  
• It also eliminates the so-called “3 and 10-year bars,” and other provisions that keep families apart. 
• The bill further supports families by more explicitly including permanent partnerships and eliminating discrimination facing LGBTQ+ families. 
• It also provides protections for orphans, widows, children, and Filipino veterans who fought alongside the United States in World War II. 
• The bill allows immigrants with approved family-sponsorship petitions to join family in the United States on a temporary basis while they wait for green cards to become available.  
• The bill also increases Diversity Visas to 80,000 from 55,000.
• The bill provides dependents of H-1B visa holders work authorization, and children are prevented from “aging out” of the system.
• The bill protects workers who are victims of workplace retaliation from deportation in order to allow labor agencies to interview these workers. It also protects migrant and seasonal workers, and increases penalties for employers who violate labor laws.
• The bill eliminates the one-year deadline for filing asylum claims and provides funding to reduce asylum application backlogs. 
• It also increases protections for U visa, T visa, and VAWA applicants, including by raising the cap on U visas from 10,000 to 30,000.
•  The bill also expands protections for foreign nationals assisting U.S. troops.

Vijay Bhagwati, Esq.

Founder and Managing Partner