The U.S. Citizenship Act – Part 1

The U.S. Citizenship Act – Part 1

The U.S. Citizenship Act has been proposed by President Biden and introduced in the House of Representatives and Senate. The legislation provides for an:
Earned Path to Citizenship- Creates a new designation called Lawful Prospective Immigrant (LPI) status.

Criteria to qualify:

1. Must be physically present in the U.S. on or before January 1, 2021
2. Must pass criminal & security checks
3. Pay the requisite filing fee, and submit application

An immigrant who qualifies as a Lawful Prospective Immigrant (LPI) will be given employment authorization, and a document that will authorize travel abroad for up to 180 days. An LPI will also be eligible for a Social Security Card, and will be allowed to join the military. Spouse & children may be included in the application.

LPIs may then apply for Lawful Permanent Residence (green card) if they:

1. Have been in LPI status for 5 years
2. Have paid all federal taxes
3. Have had no absences from the U.S. for more than 180 days
4. Pass all background checks
5. File the application and pay the requisite filing fees

Dreamers, TPS holders, and immigrant farmworkers will have different rules for permanent residency and will be discussed in further detail in an upcoming blog. We will also discuss waivers for noncitizens who have had a Notice to Appear before an Immigration Judge.