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Time to dive into the immigration bill. Literally the worst part about being a lawyer is that when you have time to read, you read stuff like this. I'm sure there will be a lot to like.
Leading the bill is the path to citizenship: An independent ground to a lawful status called “Lawful Prospective Immigrant Status.” Available in 6 year increments that permits adjustment after 5 years. There are limitations based on your crim history and presence in the US.
Notable in the adjustment section is an independent carve out for all children brought to the United States as children - defined as under the age of 18. There is no wait to seek adjustment in this category it seems and a streamlined process for previous DACA recipients.
Immediate eligibility for those with TPS or DED to adjust their status, as long as those persons possessed that status on January 1, 2017.
The creation of an adjustment path for Agricultural workers. So important. This will benefit so many people in the city of Reading, where we are, and notably - if you eat mushrooms somewhere in the US, pretty good chance it came from here.
I should note, going through these, that it seems that whole families will be permitted seek statuses and adjustments - together - avoiding fracturing families.
As good as everything sounds, there are limitations. Notably a requirement of physical presence on January 1, 2021. As we see with enforcement in tandem, there will be pretty harsh penalties for those who try to immigrate irregularly after 1/1/21.
To encourage persons removed to not return without a clear path - a waiver is available for family unity purposes to those who were removed during the Trump administration.
Im going to hate the grounds for ineligibility, so here they are. With an exception for simple possession of marijuana or paraphernalia - but the rest. 212(a) offenses are so encompassing.
For those who seek one of these newly available statuses, the language requires a “reasonable opportunity” to apply, meaning they (or their spouses or children) should not be removed during such an application period.
That period is extended through one available appeal - which I just think is cool. I hate that so many decisions by USCIS are unappealable. Makes practicing immigration so unworkable and unpredictable.
During the entire application process and with each status, employment is authorized as well as travel. This is extended to family members as well.
Next: the return of V-Visas! Practicing since 2007, I have had the pleasure of adjusting only a handful of V-Visa entrants. Glad to see an interest in maintaining family unity and avoiding the unavoidable lengthy delays in adjudicating visa petitions and waiting periods.
Likely a practitioners favorite part. Legislating the definition of a conviction & the effects of state rulings on criminal offenses - including the lack of conviction for many rehabilitative acts by states as well as the return of judicial recommendations against deportations.
One of the worst cases I ever had as an attorney - many years ago - was a mother that received a year sentence for shoplifting a winter jacket from a thrift shop. It was a $25 jacket. She was deported away from her daughter for 25 dollars. Would have been an easy JRAD case.
Hey! Now two petty offenses 
The creation of a “Humanitarian, Family Unity and Public Interest” Waiver. This I am fascinated by as it is a balancing test to permit waivers of certain crimes whether inadmissible or deportable. Crimes typically render a person powerless to avail themselves of a legal benefit.
In a literally 180 degree turn - they establish judicial review, and eliminate Jx stripping, of determinations made under certain sections of these statuses - including review of legal and constitutional claims. 
I really can’t contain the joy for permitting judicial review of discretionary decisions.
Reduces from 5 years to 3 years the timeframe needed to move from lawful permanent residency to naturalization. Smart.
Will they mess this part up? Lets look. But the fact the first definition is “best interest determination” for children, they seem to know who the audience is.
These are hugely lofty goals. So just some nuggets - but overall I hope the United States understands that unilateral involvement to correct the many things we messed up in the last 50+ years is likely not going to solve the problems south of our border.
You also won’t stop kids from trying to live nor their parents or those who are running to survive.
Hence: (btw while reading this, I can’t help but roll my eyes in that every issue listed to “combat” the problems/dangers for those who flee are situations all attorneys have been told are not real in immigration courts - or not a big deal - or that our clients are lying).
Continuation of the gaslighting. Perhaps revoke Matter of AB first? Endemic violence against women? You mean it’s not “general crime?”
Whats described is quite an exceptional amount of money to throw at the issue - the questions is how will it be maintained and not misused by corrupt governments or actors. Asylum seekers are fleeing those exact governments.
Haven’t warmed up to this yet. But the bill contains a substantive plan for out of US processing of asylum and refugee claims.
Leave this here. Essential.
Apparently there is a lot of concern for the training (or lack thereof) of border patrol. The bill mandates a ton of training including medical training - including pediatric medical training. The minimum that could be done after Jakelin, Wilmer and the 5 others who left us.
This had to be written down:
Whoever did this, thank you.
A best interests of the child standard at the border. Don’t forget Clint.
A best interests of the child standard at the border. Don’t forget Clint.
Still not done: Immigrant Visas.
Expansion of the definition of immediate relatives to include LPR spouses and kids. Super important to immediately adjust here in the US.
Expansion of the definition of immediate relatives to include LPR spouses and kids. Super important to immediately adjust here in the US.
Ending the 3, 10 AND PERMANENT bar @AmyMaldonadoLaw.
Unfortunately, it seems misrepresentations regarding US citizenship survive - except for those made prior to 21 years of age.
I’m certainly not going to tackle employment based or no immigrant provisions - as I know nothing. But before we leave immigrant visas - there are some pretty appropriate widow additions. Some of the harshest legal situations to deal with when a petitioner dies in the process.
Shifting to family case management - through non-Geo control. Still think it should be voluntary, and unless I missed it - didn’t see anything addressing electronic monitoring.
Ok so they are requesting to add judges. Not sure it’s necessary if all these other wishes come true - but - at least they are asking for Judges that know immigration law and require sensitivity training.
Again, has to again be written down - in a court, you have the right to a lawyer. They even have to put all the sections of the different proceedings to explain - specifically - yes, in a court, you can have a lawyer. They should say - and the lawyer can speak, honestly.
Obvi. No more one year.
Just about finished - increased numbers on most every visa, including Us. But with that they are permitting EADs (after a timeframe) and a prohibition of the detention and removal of those persons with pending applications - even with certain records.
There’s way more than even what I pulled here, grants, tech stuff, spying, labor issues - all outside my wheel house. So do read it for yourself, b/c a ton of ideas went into this document. I don’t think as a practitioner there could have been more things packed into this bill.
That being said - how is the administration going to push this bill? This is an entire reimagining of the current system. After practicing now for 15 years - these damn screenshots answer so many of the problems and questions I’ve faced over the years. So. Reconciliation. <3
So much is riding on this. Thanks to all of the professionals who worked on it. And thanks to all the families, safe and together who have been waiting for it. Truly hope it works.
