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Unknown: We've been talking about this spike in immigration bill. It's the US citizenship act of 2021. And we didn't really know what was going to be in it. And I have to say what I'm going to tell you right now, is not ultimately what the bill is going to be. This is going to be pie in the sky for the Democrats, and we hope most of it can pass. We don't know everything. But this is a bill that was introduced by Joe Biden into Congress today. around four 430. This afternoon, we started noticing on the internet, the actual bill, you can look it up. Now you can Google it, you can read the bill 365 pages long. I had one hour to read the entire bill. Alright, because I found it on the internet around 434 40. So I read through the whole entire thing because I said the squad's gonna want to know. Alright, so I read through it fast. I'm going to tell you everything I learned from reading through it. So please strap yourself in, there's a lot to know. And this is the thing from the political point of view. why everybody is excited, because every year they submit immigration bills, and they go nowhere. And there's not been an immigration amnesty since 1986. So we are now going on almost 40 years. Without an amnesty, the last major change in immigration that actually benefited immigrants was right before 911. So we're now 2324 years in from an immigration law change that actually benefited somebody. So and every year that they wanted to do something, it was always blocked by Republicans and immigration restrictionist. This is the first time in my adult life, that the democrats who have always wanted to overhaul the immigration laws have controlled the presidency, the Senate and the House of Representatives. This is why people are so excited. Now, Nancy Pelosi needs to carry every democrat in the House of Representatives, they only hold five votes more than the Republicans. So they got to carry almost every democrat in the house. And in the Senate, you need 60 votes to pass a bill. The Democrats only have 51. But there's some parliamentary maneuvers that they can pass a bill through what's called reconciliation, if they really want to do it, you know, on party lines, but you're going to need some Republicans to come over if you're going to want to pass most or all of this. This is why is this pie in the sky, we hope most of it will pass. Now one thing you're going to start hearing a lot about this term. Yo, yo and Vanessa, it's a new immigration term, we're gonna start hearing about it every day. There is lawful residence status. Those are people with green cards, there is conditional residence status. We've heard those terms before. Those are people who get green cards and are only married for two years to their spouse, you're also a conditional resident, if you're an entrepreneur invest a million dollars in a US business, there is now going to be a new status. And that new status is going to be called the lawful prospective immigration status. And we're going to have more people in that status, then, most then conditional residence status that is for sure. Because it is the lawful, pro waffle prospective immigrant status that most people are going to get. If this amnesty passes. Let's go through it one by one. If you were physically here out of status on January 1 2001, this is the exact law that was submitted to the Senate and the House of Representatives and you are able to pass a background check and we're going to talk about what that background check has gone to Intel. And if you're able to do that, you will get employment authorized immediately. You will get Travel Authorization immediately. So you will be able to travel home you will be able to travel back no matter how you came to America, you will be able to get a social security number, a driver's license, you will be able to get health insurance or apply on the Obamacare exchange. You will be legal in a lawful prospective immigrant status. You will also not be subject to deportation. As a matter of fact, anyone who makes an application, while it's pending, would not be subject to deportation. And if You get granted this lawful prospective immigrant status, you it will be good for up to six years. between years number five and six, you must file a new application, they're gonna give you 365 days between years five and six, to apply from lawful prospective immigrant status, which basically is lawful resident status except it ends in six years. So it ends. So you then have to make a new application for lawful resident status. And as long as you remained in the United States for up to 180 days each year, over those five years in lawful prospective immigrant status, and you don't have a criminal record, that would bar you from adjusting your status, you would then be able to adjust your status to a green card holder. Now, at that point, you may say, I'm done, I don't need to do anything else. And you don't have to, you have a green card for life, you're done with immigration, unless you want to become a US citizen. If you want to become a US citizen, three years after you adjust your status, from lawful prospective immigrant status to lawful resident status, you can become a United States citizen. Now, one of the other things that was big in the bill is that in order to go from lawful prospective immigrant status, to lawful resident status, you got to pay all your taxes. So if you're not going to pay taxes, or you're going to work off the books, you will ultimately get screwed in the end. Because you're a lawful prospective immigrant status will end at six years. And then you won't be able to get a green card, and you'll be out of status again. Now, here is something that we never discussed before. If you were deported from the United States, you still may be eligible for the amnesty if you were deported after January 20 2017. And were physically present in the United States for three years before that, meaning, if you were deported after January 20 2017, and you were in the US for three years before you got ordered deported. And you were not deported because of an aggravated felony, you may have the right to apply for the amnesty from abroad from your country of where you are right now. And if you need a waiver for criminal offense, which would be a minor criminal offense, not an aggravated felony, you can get one based on humanitarian concerns. And then if that is the case, you can then return to the United States, you would return to the United States in a lawful prospective immigrant status, have to wait five years show you paid your taxes, showed you did not have any other criminal offence, and then adjust your status to a lawful resident. So in essence, what they're doing is they're saying all of the people who got ordered deported during the Trump administration because what is January 20 2017. That's when Trump became president. So basically, if Trump deported you, while the Trump deportees were many of them, not all of them, those with heavy criminal records won't be able to return. But those who got deported just for being out of status, we saw it our military veterans, or the wife of the military veteran who we had on those people would be able to come back, we're going to call them the Trump Deportes. They will be able to come back under this law for prospective immigrant status. That is for everybody who has been out of status in the United States as of January 1 2021. We did read in the news that they're going to require you to be in the United States for four years before January first 2021. I have to be honest with you. I was racing through this last so I didn't read every last word. I was skipping paragraphs. I didn't see it there. I'm sure it's there. All right, so I'm gonna go based on what I saw on the news, although I didn't actually read it. I will know a lot more Monday. Based on the news. They said you had to be physically here for four years before the passage as well. That is going to be the new amnesty. Now for DACA recipients. If you are a member of Daca, you are a member of DACA. But you didn't renew your DACA. As long as you were in the DACA program at one point in time, you will be immediately eligible to adjust your status, provided, you're able to prove you did two years of college. Two years in the military, you have an associate's degree, a bachelor's degree and you graduated from high school, you will be eligible to adjust immediately. So all the DACA recipients, there's no waiting, you just go straight for a green card. every other person who came to the United States and was under the age of 18, on January 1 2021, will be eligible for also lawful prospective immigrant status. The difference is that you don't have to show you were here for four years earlier. And as soon as you earned a two years associate's degree, a four years bachelor's degree or two years in the military, or maybe you already have it, you would then go from lawful perspective immigrant status, you don't have to wait that five years. And you could apply for your adjustment of status immediately. So it is an immediate amnesty for anybody who is in the DACA program. And it is a potential immediate amnesty for anyone who came here under the age of 18. And in the news, they were talking about 17, but it's under the age of 18. And you have to have obviously got an associate's degree or a bachelor's degree. After three years of lawful resident status in the amnesty program in adjusting through DACA. Or the DREAM Act. You can apply for your citizenship if you choose to. If you are a member of TPS, and you were in the United States, as of January 1 2017, whether or not you ultimately renewed your TPS or not, because there's lots of people who had TPS, temporary protected status, and then they let it lapse. Those people in TPS, temporary protected status, they were here on January 1 2017, including their spouses and children are eligible to adjust this status immediately to that have a green card holder. And then three years later apply for citizenship. You only need one member of the family, the husband or the wife to have been in TPS. And then the spouse can come along, as well as all of the children under 21. I have Kumar Joseph, in the comments saying that Republicans are going to tear up this bill, hopefully the democrats fight with all their might. Well, let me say this, if the democrats want to, they have the numbers to pass this exactly as it is, without any Republican support, provided all of the democrats are in favor of this, because they can do it through something called reconciliation. They have a majority in the House. They have a one seat majority in the Senate. And they have the presidency. So they can do it without Republican support. The key thing will be will all the democrats join along, there's some Democrats who may not like all of this, if you are an agricultural worker, and you worked on a farm for 400 days in the last five years, or 2300 hours in the last five years. You can adjust your status immediately to get a green card. Yes, yo, yo, these aren't actual social media questions. It's just what you're talking, Surma is asking what if you came at 19 years old? If you came at 19, you would fall under the new amnesty as long as you were here before January 1 2021. And you were here illegally on January 21 2021. illegally. We've I don't even want to use that word anymore. You were undocumented. They're not supposed to use that word anymore. even talking about it yesterday. And I even said yesterday, I sometimes catch myself saying it gives you so much. That's right. So yeah, so yeah, you would fall under the regular amnesty, you wouldn't fall under the DREAM Act amnesty. There's actually four different amnesty programs. There is the regular amnesty which we just talked about. The amnesty for the people who are in DACA. The amnesty for children who came here under the age of 18, who were not part of DACA because maybe you never applied or maybe you were too old. There's people speak to her 4050 years old who came here as kids. They were too old for DACA. But they would be eligible for this dream back amnesty. There's actually five I just actually realized it's five. It's not even four. There's the TPS amnesty, temporary protected status amnesty, and the agricultural worker amnesty, five different amnesty programs. Now who is not eligible, we're just going to talk there's a lot of different people who may not be eligible. The key. The key one is people who have criminal convictions. If you have an aggro, if you have a felony conviction, you are not eligible for any of these amnesty programs. If you have more than three misdemeanors, you are not eligible. You can have two misdemeanors but not three. You are not eligible for this amnesty program. Despite all of this, there are waivers for everybody, including felons. So there would be a waiver not to say the waiver would be approved. But there is waivers if you can show that you are rehabilitated, perhaps you committed this felony 35 years ago. You can show rehabilitation and a clean record for a very long period of time. And you can show hardship to yourself and your family. They would give you a waiver even as a felon, or with more than three misdemeanors. If you had a felony, and you know, six months ago, I don't think you're going to be able to show rehabilitation. So that rehabilitation component is for people who committed crimes A long time ago. Now. The question everyone's gonna be asking is, how do I prove all of this? How do I prove I was here, the law gives a list of documents. This log is a list of documents that they will accept, I'm going to go through them all, exactly what they're going to accept. To prove you are here under the amnesty, obviously, passport entry stamps, you have visas, you have stamps in your passport, I 90 fours that's gonna prove a lot. Any document you have from the Department of Homeland Security with your name and a date on it. Any document you have from USC is from ice. Anything that you have from the US government with your name and a date on it, will be able to prove something, any educational records, school records, whether it is your child, or you because if it's your child, that school records would indicate the child's going home to mom or dad. So basically anybody with a child in America who enrolled their kid in public school, a private school doesn't matter. There's going to be school records where the parents are where the kid goes home every night. employment records. And this is really important what I'm going to say about these employment records, because everyone's gonna say my boss isn't gonna give me anything, they're terrified. under this law, whatever an employer gives you, to prove that you are physically here that you would qualify for the amnesty, that employer does not have any criminal or civil liability that can be put against it. So the employer gets an amnesty as well. The employers amnesty is cooperate in this amnesty your employees will get a green card, give us these documents, prove your employees were here, and you will not be fined, you will not go to jail. So they're encouraging employers to give these documentation to prove that people are working, rather than fear that if they give this document that the employer may get in trouble, right, military records they're going to use if you're in the military, church records. And it's not going to be church records that there's a list of you on a church registry, and it's not going to be in a letter from your pastor. But if you have records that you participated in some form of religious ceremony, in a church, in a temple, in a synagogue, wherever you go, and whatever your religion is, they will use those records as well to prove you are here. Rental receipts, purchases of homes, insurance, receipts, taxes, Western Union and remittances back home. So if you have evidence that you made payments through Western Union, or I don't know whatever the other ones are PayPal, or I don't know, whatever it is, but if you have remittances back home, make sure you save those receipts, travel records. If you flew by on an airplane, you bought a train ticket, a bus ticket, save them, that will be proof under the law, that you were physically here. bank transactions I think I said that but if I didn't anybody Bank transaction will prove you are here. And worse comes to worse. It extraordinarily detailed affidavits from two people confirming your presence in America. So every person should be able, if they were here on January 1 2021, should be able to prove that they were here one way or the other. As I said earlier, as soon as your application goes into immigration, ice can't touch you. You cannot be deported while immigration is making a decision on any one of these five amnesty applications. The most important thing you got to remember even though you're going to get travel permission, is you can stay out of the country more than 180 days in any calendar year. But there's gonna be more than just the amnesty yo yo and Vanessa, back in 2001. When I said the last time they made any law that benefited immigrants, they came up with a new visa It was called the V visa. And it allowed people who were spouses and children of Herman residents who had pending cases to come live in the United States and wait out their immigration case here in America. The visa expired, nobody can do it anymore. They're bringing it back. And what they're doing is anybody who has filed for their adult children, whether you're a resident or a US citizen, we've been talking about this for a while. Married adult children 1517 year Wait, your adult child of a permanent resident 789 year Wait, don't child single have a US citizen, 789 year wait for a green card. In some countries, it's 2030 years. Mexico, Philippines long long waits. Yes. Remember, everybody on the visa waiting list with an approved I 130. If you were filed for by your parent, and you're an adult child will be eligible for a visa, visa and victory. What that is it is a temporary visa to come to the United States. It gives you work permission, it gives you travel permission, and allows you to live in the United States waiting at your green card. That is not for people in the future who file that's for people who file that's why I kept telling everybody in the last couple weeks, put something in file, right? You're gonna be in a lot better shape. And here, I'm right. Again, I hate to say it, I don't want to be a breaker but I'm right again. Because if you file for your kids, and you get your case approved before this law gets passed, they'll still be on a waiting list. But their waiting list is going to be here in America with you legally working and being able to travel. One of the things we always talk about on our show is the difference between expungement and vacatur. vacatur is if you remember Jojo and Vanessa vacatur is our my conviction was illegal, you violated my rights. And this conviction should be wiped off the books because my rights were violated. And we said that is the only way to overcome a conviction that bars you from immigration benefits. And expungement under the law currently means you are convicted. And then you made an application to a state or federal authority to say I complied with all the requirements. I would like you to wipe this conviction off my record. But under the Immigration and Nationality Act, it's still a conviction. You pled guilty, or you were found guilty, and you did a sentence and the story that expungement doesn't wipe away the immigration consequences. Now under the US citizenship act of 2021, they will accept an expungement to wipe away the consequences for immigration. So it is very possible that you pled guilty or found guilty, and you could expunge your conviction. Wow, you no longer have that conviction for immigration purposes. There are so many people I can't even begin to tell you who have called our show and said I got an expungement like that. Sorry, that don't work. Got to vacate it. I've said that like a million times. Yeah. Now they're going to allow expungements as well right now to get a waiver. If you have consequences. misrepresentation, you've lied to the government. You have a criminal record. All sorts of reasons why you would be denied a green card basically right now to do a 601 waiver, you need to show extreme and unusual hardship to a spouse or a parent period. You don't have a spouse or a parent, you can't get a waiver, you're screwed. They are now changing the waiver laws. The waiver laws will be based on humanitarian reasons. So you can get a waiver, no matter what your issue is, if you can show humanitarian purposes on why you would need a waiver, or to ensure family unity, or if you can show it's in the public interest, they are going to look at and waivers moving forward instead of extreme and unusual hardship, the severity of your underlying offense that prevents you from coming to America, your duration of residence in the United States of America, your evidence of rehabilitation, meaning longer, that conviction happens, and you don't show that you did it again, that would show rehabilitation, old convictions and clean record shows rehabilitation. And of course, the effect on your family, three and a half million people or more. I think it's 3.8 million people, JoJo and Vanessa are right now on a visa waiting list for a green card. The waiting lists for employment from India, they say is 8090 100 years, people are going to die before they get their green cards. Some other ones are 2030 years. Every year, they give out hundreds and hundreds of 1000s of green cards and 3040 5060 70,000 green cards go unused every year for every unused green card that was not given out between 1992 and the year 2000. And they estimate that that's going to be over a million green cards, they're going to put back and try to wipe away this backlog of people who have been waiting 2030 years or even 578 years. So the backlogs because they're going to use these unused visas, unused green cards between 1992 and 2000. They're going to wipe away a lot of the backlog on these cases were employment based and family based cases. Now, one thing they're also going to do is they're going to make spouses and children under 21 immediate relatives. What does that mean? If you're in the f2 a category, you're no longer on a waiting list. If you're in the f2 a category, you're eligible to adjust your status here in the United States. If you're married to a resident or your child of a resident, even if you overstayed on your visa, they will be in the same position spouses and children of permanent residents will be put in the same position as spouses and children of US citizens. They're also going to eliminate the per country limits. So in other words, if you look at the visa waiting list, there's the world there's India, there's China, there's Philippines is Mexico, because they limit the number of people that comes from any particular country. And it has led to a perverse, huge weight from these countries, India and the Philippines, especially where the weights are, for some categories over 2030 years long. I've read 100 year for employment based cases from India. So the per country limits are now going to be eliminated. It's just going to be one worldwide immigration limit. We talk about provisional waivers yo yo and Vanessa, you got to get a provisional waiver. If you're not eligible to adjust your status here, you got to go home, if you don't get the provisional waiver, you'll get stuck for 10 years, the three and 10 year bar, what that did was forced people who overstayed their visa to never leave America, because if they left you would never be able to come back. They are eliminating the three and 10 year bars. So if you overstay your visa, you would be able to go home without having to go through the process of doing a provisional waiver to get your green card and come back. They're also going to have people retain priority dates where children aged out. We talk about that a lot when children Asiatic cases and we say sorry, your children aged out, you got to refile for them and then wait another 789 years. Now if your child ages out and you refile for your child, after you get a green card, your child will be put on the waiting list in the same priority date in which your original application was done. So for example, let's say your mother files for you. And at that time your mother filed for you in 2015. And when you're eligible for your green card in 2021, I'm making this up. Your child turned 22. No longer on the case. Off the case. You come up, you and your child are now separated. You're a permanent resident. You now have to file back for your child, that child waits another 789 years because the priority date resets when you file for them. Now under this law, when you refile for your child, you're going to be able to maintain that 2015 priority date, presumably making your child be able to be reunited with you much quicker. They're going to make the definition of a stepchild anybody who is under the age of 21, when your parent marries another one, we've talked about that a lot too, when somebody gets married to a US citizen, and the US citizen wants to file for the foreign spouses children. You had to get married before the child turned 18, or you can't file for that child. So now they're moving it to 21. So as long as the marriage happens before the 21st birthday, your step parent will be able to file for you. There's a diversity visa lottery that diversifies where people come from, where people from countries that have lower immigration come from mostly Africa, some Asian countries, some Eastern European countries, they give 55,000 green cards out to diversity visa lottery winners, that is going to be raised to 80,000 people. Wow. If we were talking about especially for Indians, where we said employment base, some cases that people aren't going to on a waiting list for 8090 years. If you have a priority date that is more than 10 years old, meaning that your job sponsorship has taken more than 10 years, and you still don't have a green card. No matter what your date on the priority list is you will be eligible to adjust your status and get a green card immediately. We talk about dual intent, or non immigrant intent. And we talk about that, especially when we say don't get married in the first 90 days you come here, because then you've shown a made a misrepresentation. Right. And because you can't say I'm coming to visit or I'm coming to school, and then turn around to get married and three days later, because then you've lied to the government, not for visitors visas. But for students, they're getting rid of that. So you can now be a student and have a dual intent. And intent says come here temporarily, and an intent to stay here permanently, which would mean that you can enter as a student and get married the next day. Because you have a dual intent. There's also a one year deadline to file for asylum. If you don't file for asylum within one year, or unless there's change country circumstances, you can never file for asylum for the history of your life too bad go home and get killed. Yeah, there's a one year bar on filing for asylum, you got to file within one year of coming here or forget it. Oh, from coming here, I'm coming to America, that one year deadline is going to be eliminated. You can file for asylum whenever you want to if your life is in danger, if you have to go home and you're in a protected group, they're also going to triple the number of asylum officers, maybe quadruple them. They're going to eliminate the entire backlog. We talk about it all the time. My asylum case has been pending for 10 789 years, what are they gonna call me? There's just so many cases, it's just such a common topic. And even going back to what you were saying before I really identify with the changes in terms of stepchildren because that's a big reason how I became a citizen. So when we have that conversation or when people call in on that I'm always hoping you know, for the best for them. Because that's really the only reason why I'm a citizen was right. You know, your mom or your dad married a US citizen. My mom married a US citizen. Okay, so now if your mom married right now, mom marries a us is that your family? Yeah, that's my family. So cute. If your mom marries a US citizen, if your mom married your stepdad, and you had turned 18 you were 18 in a month. You would you'd be in the Dr. Wow. Right. Yeah, I was 21. I mean, you're sure when it happened. So I don't remember when you're a baby. But But you know, it does affect a lot of a lot of children who are right at that age. They're not adults. They're not kids and they get treated as adults. You're over 18 screw you go home. Yeah, wow, you visas. There's a 10 year wait on you visas. You know, Donald Trump. He liked to I hate to say this name. But he liked to go around and say the immigrants are coming here and they're killing everybody. Well, you know, he found about five or six immigrants who killed Americans and made a big deal about it. But there's 100,000 or more people who are undocumented, who are the serious victims of crimes by Americans on undocumented aliens are in line for a u visa. Those are victims visas and that line is 10 years long. They're going to raise that number from 10,000 to 30,000. And so we're going to make that line a lot faster. They also did for LGBTQ meaning that now they're going to define a spouse as a permanent partner. And why is that important? This is because you could be in a partnership with somebody who lives in a country, you can't go to that country and marry them because they don't recognize same sex marriage. They only recognize traditional marriage. And now how do you get this person here a fiance visa, perhaps. But what if you're not a citizen, what if you're a resident, you can't do anything? What if you want to come here on a work visa, and you want to bring your partner you can't think about all the times when you can't bring your partner because they're not married in that traditional marriage, because you come from a country that doesn't recognize it. Right? Now, the government is going to recognize a spouse as a permanent partner. Meaning that if you can show that this person is your permanent partner, no matter what your sexual orientation is, they will be put into the position of a spouse in any type of application. I think that's amazing. They're also going to increase the number of green cards given out to low skilled workers, your housekeepers, your nannies, your caregivers of elderly, and people who are working in meatpacking, and poultry, that's most of the unskilled worker category, that is going to go up from 10,000 to 40,000, Americans need those workers. And finally, the last thing I saw was science, technology, engineering and math majors on student visas, there's going to be no waiting list for them to get green cards if they want to stay in America. So our foreign students who are studying in science, technology, engineering, and math, if you have an employer who is willing to sponsor you, you will be immediately eligible for your green card. All of this will not pass. Okay, all of this will not pass. And there's other things in there that I probably skipped over, which I'll talk more about on Monday. So all of this will not pass unless the democrats all agree. If all I can't imagine every democrat agreeing to everything in this bill. And I think in the end, what's going to happen is they're going to do this through something called reconciliation. The Republicans are not going to join on this. If they join, they'll just join on the DREAM Act, but nothing else. And it's going to be pared down a little bit to get all the democrats to agree. I think what I said you're gonna see 75 80% of it by opinion, not 100%, but 75. But 75 80%, I think you're gonna see, the other thing is this. What is this all going to happen? When do I get a something in my hand? This is all great. Fantastic, right? When do I get something in my hand? Whenever this bill passes, the government has to write a regulation to tell us cis. How to manage these programs. You know, they pass a law that says if you're part of DACA, you can adjust your status. Well, that's great. What is the procedure that the government is going to want someone to go through? It's called the regulation. What's the form? What do we have to put in the form? All of that's in the regulation. So after the bill passes, they have to do a regulation for the amnesty portions. The bill says the government must complete regulations within 180 days, meaning the Department of Homeland Security must complete regulations within 180 days of passing the bill. What does that mean? That means let's assume this bill passes in the spring or summer, then it's going to be another 180 days before this program goes into beer. So for the year 2021. Don't expect to be filing for amnesty till at least the end of the year. Because it's gonna be 180 days after the bill passes before immigration is going to start accepting applications. Thanks for watching. For more Brad show live, like and subscribe to our YouTube channel.