What Does the Reforming American Immigration for a Strong Economy (RAISE) Act Seek To Do

There had been many talks around the Republican-backed proposal: Reforming American Immigration for a Strong Economy (RAISE) Act. In a nutshell, it will significantly reduce the number of people allowed to legally immigrate to the United States. Although unlikely to pass Congress, what changes does the RAISE Act seek to bring exactly?

First, the RAISE Act seeks to eliminate the Diversity Visa Program. The Diversity Visa Program gives immigrant visas to nationals from countries with historically low rates of immigration to the United States. For a list of countries/areas by region whose natives are eligible for DV-2018 and DV-2017, please refer to the DV Instructions.

Second, the RAISE Act seeks to cap the number of refugees who may be admitted in any fiscal year to 50,000 and requiring the President to “annually enumerate the number of aliens who were granted asylum in the previous fiscal year.” Limiting refugee numbers has always been President Trump’s priority, and it is no surprise the RAISE Act mentions it.

Third, in the family-sponsored immigration arena, the RAISE Act wants to change the definition of “Child” at INA §101(b)(1) from an unmarried person “under age 21” to an unmarried person “under age 18,” and change the definition of “Immediate Relative” at INA to include only children and spouses of U.S. citizens (removes parents of adult U.S. citizens). Similarly, it seeks to only allow children and spouses of LPR (green card) holders to immigrant to the U.S. This will effectively eliminate the following current available categories: (1) unmarried sons and daughters of U.S. citizens (FB-1); (2) unmarried sons and daughters of LPRs (FB-2B); and (3) married sons and daughters of U.S. citizens (FB-3); and (4) brothers and sisters of U.S. citizens (FB-4). Parents of U.S. citizens will remain unaffected because under the new legislation, a new category for parents of USC citizens above the age of 21 will be created. The legislation seeks to cap the worldwide level of family-sponsored immigrants  admissions to 88,000 per fiscal year. The effort will significantly reduce the number of family based immigration and make many ineligible to reunite with their families in the United States.

All the above are part of the administration’s efforts to limit the number of immigrants to the U.S. Further, it seeks to replace of Employment-Based Immigration Categories with Immigration Points System. On the numbers, it seeks to limit the number of points-based immigrants to 140,000 (including spouses and children) per fiscal year. This so-called Points-Based System comes with an online portal and a required fee of $160. President Donald Trump has already announced his support for a the points system.

The immigration point system seeks to prioritize immigrants based on their degrees and skills. If they have equal points and equal educational attainment, they will be further ranked according to their (1) English language proficiency test scores; and (2) age, with applicants nearest their 25th birthdays ranked higher. And every 6 months, USCIS is said to invite the highest ranked applicants to file a petition for a points-based immigrant visa. If you want to see if you qualify to immigrate to the U.S., test your scores from Times.com here: http://time.com/4887574/trump-raise-act-immigration/.

Last but not least, the RAISE Act will prohibit naturalization of an individual if the person who submitted an affidavit of support on his or her behalf failed to reimburse the federal government for all means-tested public benefits received by the individual during the 5-year period immediately after the individual became an LPR. It therefore seems that, at no fault of the individual seeking naturalization, she or he might be barred from it. It is unclear whether the individual seeking naturalization is allowed to reimburse the government.

The Act does not mention temporary work visas such as H-1B and H-2 or temporary visitor (B-1/B-2) or student visas (F-1). Its focus remains on the number of available immigrant visas.

Read the full RAISE Act here: https://www.cotton.senate.gov/files/documents/170802_New_RAISE_Act_Bill_Text.pdf If interested, you can read this excellent summary of each section from American Immigration Lawyer’s Association (AILA): 17080732

 

 

 

 

CA9 Says TPS Recipient is Eligible to Adjust to LPR Status

TPS Recipient is Eligible to Adjust to LPR Status

The Ninth Circuit in Ramirez, et al. v. Brown, et al. found a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant — and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission — for purposes of adjustment of status under INA §245(a). [read the opinion here 17033104]

Temporary protected status is a temporary immigration status to the United States, granted to eligible nationals of designated countries. It first requires a designation. When the Secretary of Homeland Security determines that a foreign state (or any part of a foreign state) faces an ongoing armed conflict, environmental disaster, or other extraordinary and temporary conditions that prevent aliens from returning safely, the Attorney General may designate that state (or part of the state) for TPS. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States.  

The Ninth Circuit found that a TPS recipient is considered “inspected and admitted” under § 1255(a), and is eligible for adjustment of status because he also meets the other requirements.

Current TPS countries are:

Designated Country Most Recent Designation Date Current Expiration Date Current Re-Registration Period Current Initial Registration Period EAD Extended Through
El Salvador March 9, 2001 March 9, 2018 July 8, 2016 – Sept. 6, 2016 N/A Sept. 9, 2017
Guinea* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Haiti July 23, 2011 July 22, 2017 Aug. 25, 2015 – Oct. 26, 2015 N/A July 22, 2016
Honduras Jan. 5, 1999 Jan. 5, 2018 May 16, 2016 – July 15, 2016 N/A Jan. 5, 2017
Liberia* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Nepal June 24, 2015 June 24, 2018 Oct. 26, 2016 – Dec. 27, 2016 N/A June 24, 2017
Nicaragua Jan. 5, 1999 Jan. 5, 2018 May 16, 2016 – July 15, 2016 N/A Jan. 5, 2017
Sierra Leone* Nov. 21, 2014 May 21, 2017 N/A N/A May 20, 2017
Somalia Sept. 18, 2012 Sept. 17, 2018 Jan. 17, 2017 – March 20, 2017 N/A Sept. 17, 2017
Sudan May 3, 2013 Nov. 2, 2017 Jan. 25, 2016 – March 25, 2016 N/A Nov. 2, 2016
South Sudan May 3, 2016 Nov. 2, 2017 Jan. 25, 2016 – March 25, 2016 Jan. 25, 2016 – July 25, 2016 Nov. 2, 2016
Syria Oct. 1, 2016 March 31, 2018 Aug. 1, 2016 – Sept. 30, 2016 Aug.1, 2016 – Jan. 30, 2017 March 31, 2017
Yemen March 4, 2017 Sept. 3, 2018 Jan. 4, 2017 – March 6, 2017 Jan. 4, 2017 – July 3, 2017 Sept. 3, 2017

Check USCIS website for the most up-to-date information.