SHAPING THE FUTURE: AN IN-DEPTH LOOK AT THE MODIFIED U.S. IMMIGRATION LAWS AND THEIR IMPLICATIONS

 New Points in the Amended U.S. Immigration Law Impacting Immigration System Reform in the United States. Upon taking office in January 2021, U.S. President Joe Biden made efforts to amend laws in the U.S. naturalization system that former President Trump had enacted to address the backlog of immigration applications.

1. New Points in the Amended U.S. Immigration Law

The new immigration reform legislation presented by President Joe Biden to Congress has several notable points, contrasting with the anti-immigration policies of former President Donald Trump. These changes positively affect the management of the U.S. immigration system. The Amended U.S. Immigration Law of 2021, signed by President Joe Biden, outlines the standard procedure for those wishing to become permanent residents and citizens of the United States.

2. Key points in the Amended U.S. Immigration Law include:

1. Restoration of immigration policies for non-U.S. citizens residing and working in the U.S. without documentation as of January 1, 2021 (or earlier), including those under the DACA program (Deferred Action for Childhood Arrivals, also known as “dreamers”), individuals with H2-A short-term agricultural worker visas, and individuals with Temporary Protected Status (TPS). These individuals can become U.S. citizens upon meeting the residency requirements for permanent residents and those seeking U.S. citizenship.
2. Streamlining the family-based green card application process to address the backlog of nearly 2.6 million visa and U.S. green card applications under President Trump.
3. Elimination of the interview requirement for I-485 adjustment of status cases based on employment. This policy was implemented during the Obama administration but was mostly replaced with interviews under President Trump. President Joe Biden may repeal Trump’s legislation and restore the policy from the Obama era.

This is just the initial step in President Joe Biden’s immigration reform plan. The legislation still needs approval from the U.S. Congress before taking effect. However, the efforts to reform immigration policies in the Amended U.S. Immigration Law by President Joe Biden are evident, as he promptly revoked Trump’s enacted laws and introduced amendments.

3. Benefits of the Amended U.S. Immigration Law

President Joe Biden’s actions regarding the immigration legislation are believed to open a brighter path for nearly 9 million undocumented individuals in the U.S. to become legal citizens. This provides an opportunity for immigrants who have lived, worked, and contributed to the U.S. for many years to apply for U.S. citizenship. The benefits of this legislation include:

• Establishing a standard pathway for undocumented individuals to apply for U.S. citizenship.
• The Amended U.S. Immigration Law, following the reforms by President Joe Biden, allows foreign individuals living in the U.S. without documentation to register for temporary legal immigration status. Those in this situation are eligible to apply for U.S. citizenship after passing a background check, the citizenship test, and fulfilling tax obligations after 5 years of registering for immigration.
• Cases under the DACA program, TPS, and individuals with H2-A visas will receive green cards immediately if they meet the required conditions outlined in the law. These individuals will be eligible for citizenship after 3 years, subject to additional background checks and language proficiency tests.

4. Facilitating Family Reunification

Expected immigration reforms are anticipated to address the backlog of family-based U.S. immigration applications. President Joe Biden aims to revoke unused visas and increase the validity of visas on a per-country basis, allowing relatives of green card applicants to be approved for reunification with their families even while waiting for green card approval. Additionally, the legislation minimizes unnecessary provisions to reduce family separation.

5. Promoting Diversity in the Population

President Joe Biden repealed the travel ban for citizens from Muslim-majority countries imposed by the Trump administration and halted the construction of the U.S.-Mexico border wall. The number of green cards in the Diversity Visa Program increased from 55,000 to 80,000, aiming to eliminate religious discrimination and enhance racial diversity among U.S. citizens.

6. Contributing to Economic Growth

The Amended U.S. Immigration Law outlines a streamlined process for STEM (science, technology, engineering, and mathematics) graduates from U.S. universities to become permanent residents, improving the chances of obtaining green cards for workers in low-wage areas. This is a pilot program for employment-based visa cases, stimulating the economy in various regions. This reform also grants the Department of Homeland Security the authority to adjust green cards based on economic conditions.

7. Impact of the Amended U.S. Immigration Law on Family Sponsorship

President Joe Biden’s reforms to family-based immigration laws have a more humanitarian approach compared to previous policies. The legislation is particularly significant for the lives of Vietnamese individuals in the U.S. and Vietnamese citizens who have immigrated to the U.S. with the intention of sponsoring family members.

The legislation aims to uphold family reunification values and bridge the gap between family members. For those applying for U.S. citizenship, the law allows family members to be sponsored to temporarily join them in the U.S. while awaiting green card approval.

In addition, the Amended U.S. Immigration Law supports permanent residents in sponsoring their boyfriends/girlfriends or LGBTQ+ community members for family reunification.

These are notable points in the Amended U.S. Immigration Law presented to Congress and expected to be implemented throughout President Joe Biden’s term. These reforms are believed to usher in a new era for U.S. immigration policies after the period of President Trump’s administration, providing opportunities for foreigners seeking legal U.S. citizenship.