Talk to an immigration deportation lawyerin New York if you think these new developments may affect your case.
What are the changes?
Section 60001 of the Build Back Better Act includes language to amend the INA (Immigration and Nationality Act) to allow foreign nationals, whether undocumented or documented, to apply for adjustment status after paying a $1,500 supplemental fee. They must also complete a background check and a medical examination.
Dreamers as well as essential workers like farmers and those in the manufacturing, energy, public works, healthcare, and transportation sectors may qualify for permanent residency. Deferred enforcement departure recipients and temporary protected status holders are also included.
Every category should meet the separate physical presence and eligibility requirements. It is subject to grounds for inadmissibility, some of which may be waived for public interest, family unity, or limited humanitarian purposes.
Recapturing unused immigrant visa numbers
Millions of green card applicants are currently on the waiting list because of the accumulating applications and disruptions caused by the COVID-19 pandemic. There is an annual ceiling of green cards for family preference immigrants and employment-based immigrants. Section 60002 amended the INA to ‘recapture’ immigrant visas that remain unused.
New requirements for adjustment of status
Section 60003 revised the filing requirements for applications regarding adjustment of status in employment-based and family-based categories. Section 245(n) to the INA now allows those applicants to immediately apply for adjustment of status by paying $1,500 in supplemental fees for the applicant and $250 for each beneficiary, even if the visa number may be unavailable yet.
Moreover, section 60003 creates a waiver from per-country and annual employment-based and family-based immigrant visa numerical limitations for those who have filed their adjustment of status applications. The waiver also applies to those who already have a priority date that is at least two years before the date of the application for the waiver of the per-country numerical limitations.
An immigration deportation lawyer New York can provide all the other information you need to know about the Build Back Better Act. Be sure to consult with the best immigration lawyer in Queens for assistance with any visa-related concerns.
