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As many of you many have already heard, President Biden has proposed a broad immigration reform which includes a pathway to citizenship for over 11 million undocumented immigrants in the United States. It is important to note that NOTHING HAS BEEN PASSED YET! It may take several months until Congress approves. Be wary of any scams! There is no application process yet.

Who Will Qualify?

While we do not have full details yet, we do know that the proposed legislation would grant undocumented immigrants who were here on or before Jan. 1, 2021, temporary legal status. There are exclusions for those with a criminal record. Working individuals must have paid their taxes. After five years, the temporary status could be converted into permanent residence (Green Card). After three years of permanent residence, the

individual will qualify for U.S. Citizenship.

DACA, TPS and certain farmworkers

The proposal also has a pathway for citizenship for DACA, TPS holders and certain farmworkers. These individuals will qualify immediately for permanent residence. After three years of permanent residence, they would qualify for U.S. Citizenship.

The DACA program is currently open and accepting applications. Although the lawfulness of DACA is being considered, despite any judge’s decision, the Biden administration will mostly likely be able to preserve the program through executive action.  

Eliminating Three Year/Ten Year Bar

Currently, any individual who has been unlawfully present in the United States for more than 180 days is barred from returning for three years. If the individual has unlawful presence of one year or more, they are barred for ten years. Biden’s proposed legislation eliminates this bar. This will provide relief for a countless number of undocumented immigrants in the U.S. who may qualify for a green card through petitions filed by their U.S. Citizen and Permanent Resident relatives! 

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