President, Joe Biden, signed the following executive orders on day 1:
- Added protections to DACA to prevent any future attacks against Dreamers,
- Has called on Congress to enact legislation providing permanent status and a path to citizenship for immigrants,
- Halted former President Trump’s efforts in excluding nonresidents/noncitizens from the census,
- Overturned President Trump’s executive order that pushed aggressive efforts to find and deport unauthorized immigrants,
- Blocked the deportation of Liberians who have been living in the United States,
- Ended the Muslim Ban,
- Ended the construction of Former President Trump’s border wall with Mexico.
What is President Biden planning to propose on his immigration reform?
Here are a few points that we know about the proposed law, “U.S. Citizenship Act of 2021”:
- Immediate eligibility for legal permanent residence (green card) for those with DACA, TPS, and agricultural workers who meet certain requirements
- Path to citizenship for the individuals without legal status. Eligibility for green card after 5 years. Applicants will have to complete a background check, provide proof that they pay taxes and proof of physical presence in the United States on or before January 1, 2021
- Temporary status for anyone with an approved family petition
- Citizenship after 3 years, instead of 5 years
- Elimination of one-year rule for political asylum
- Increase annual U Visas from 10,000 visas to 30,000 visas
- Eliminate waiting lists for immigrant visas
- Eliminate penalties of 3 and 10 years
**Please remember that the points above are points that the Biden administration is considering for their proposal. There will be negotiations and changes before Congress is able to vote. It is not yet a law and there are still many unknown questions and details.
Recommendations
If you have have been detained at the border, arrested by the police or submitted an application with immigration in the past, please see below:
In case there is an immigration reform that is passed in the future, here are some recommendations on how you can prepare:
- Consult with an experienced immigration attorney that specializes in immigration law.
- Request all of your records (criminal and immigration) to have them ready. Such as:
- Border Detention Records (If you have been detained at the border or have a deportation order)
- Criminal Record (if you have been arrested or cited by the police)
- Immigration Record (If you have submitted an application with immigration in the past)
The records mentioned above need to be requested from several agencies which can take anywhere from 9 months to a year to receive. Which is why it is important to start requesting them now.
If the above does not apply to you, please see below:
If you have never been detained at the border, don’t have a deportation order, don’t have a criminal record or you have not submitted an application with immigration in the past. You can start gathering documents to prove:
- Your physical presence in the United States and,
- Good moral character letters or recognitions such as awards/certificates.
If you would like to consult with one of our attorneys, please contact our office at 213.200.1505 to schedule an appointment.
