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Biden Administration immigration updates

April 7, 2021

DACA (Deferred Action for Childhood Arrivals) 

UPDATES TO THE U.S. CITIZENSHIP TEST 

You may have heard that the Trump Administration created a new, more challenging civics test as part of the citizenship process (called the “2020 version”). However, the Biden Administration announced that it will not be using this new test and will instead continue to use the older, less challenging version (the “2008 version”). 

What does this mean for people currently applying for citizenship?   

We know that these changes may be confusing. If you have questions about which citizenship test to study for, please call our immigration line at (415) 306-0437.   

PUBLIC CHARGE 

On March 9, 2021, the Biden Administration formally stopped using the Trump Administration’s Public Charge Rule. This means that services such as MediCal, CalFresh (food stamps), and Public Housing, which counted towards the Public Charge Test, no longer affect a person’s immigration case when they are seeking permanent residence (a green card).  

Some reminders about Public Charge: 

VENEZUELAN TPS (Temporary Protected Status) 

A BREAKDOWN OF THE BIDEN IMMIGRATION BILL 

The United States Citizenship Act of 2021, known as the “Biden Immigration Bill,” came out in February 2021. This bill is NOT YET LAW. It still has to be passed through both chambers of Congress and may change significantly before it does. However, we want to highlights some parts of the bill that could be impactful to the Marin County immigrant community.  

PATHWAY TO CITIZENSHIP FOR UNDOCUMENTED IMMIGRANTS PRESENT IN THE U.S. ON JANUARY 1, 2021 

FEWER CRIMINAL BARS TO IMMIGRATION 

END OF 3-YEAR, 10-YEAR, AND PERMANENT BARS TO RE-ENTRY  

The bill would end the institution of 3-year, 10-year, and permanent bars to re-entry. This could provide relief to millions who would be able to leave the U.S. and return on a regular visa without penalty.  

EXPANDED CAP ON U-VISAS, U-VISA ELIGIBLE CRIMES 

President Biden has expanded the annual cap on U-Visas from 10,000 to 30,000, with labor violations now counting as qualifying crime. This would mean that those who have been the victims of labor violations would also be potentially eligible for U visas. 

EXPANDED ELIGIBILITY FOR FAMILY-BASED IMMIGRATION 

INCREASED ACCESS TO ASYLUM 

OTHER IMPORTANT PROPOSALS 

Read more posts in: Immigration, Legal Updates

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