Text of h.r. 5376, build back better act
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Last edited by Swim19; 11-03-2021 at 05:23 PM..
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You better focus on driving. I'll take care of it.
So we get paroled for 10 years and authorization to travel abroad.
So we get paroled for 10 years and authorization to travel abroad.
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TITLE VI—COMMITTEE ON THE JUDICIARY Subtitle A—Immigration Provisions SEC. 60001. PROTECTIONS AND WORK PERMITS. (a) IN GENERAL.—The Secretary of Homeland Security shall— (1) under section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(5)) and consistent with this section, parole into the United States for a period of 5 years or until September 30, 2031, whichever is earlier, an alien described in subsection (b), if such alien— (A) files an application for parole after the date of the enactment of this section; (B) pays an administrative fee in an amount sufficient to cover the cost of processing the application; and (C) completes security and law enforcement background checks to the satisfaction of the Secretary; and (2) for the period during which an alien is paroled into the United States under paragraph (1) and any period in which such parole is extended under subsection (c)— (A) provide employment and travel authorization to such alien; and (B) deem such alien eligible for a driver’s license or identification card under section 202 of the REAL ID Act of 2005 (division B of Public Law 109–13; 49 U.S.C. 30301 note). (b) ALIENS DESCRIBED. —An alien is described in this subsection if the alien— (1) before January 1, 2011— (A) was inspected and admitted to the United States; (B) entered the United States without inspection; or (C) was paroled into the United States; (2) has continuously resided in the United States since such entry; and (3) is not inadmissible pursuant to paragraph (2), (3), (6)(E), (  , (10)(A), (10)(C), or (10)(D) ofsection 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)). (c) EXTENSION.—Consistent with the requirements under subsection (a), and based on the policies and implementing guidance issued pursuant to this section and in effect when parole was initially granted to the alien under this section, the Secretary of Homeland Security shall extend a grant of parole for an alien described in subsection (b) from the date the initial parole period expires until September 30, 2031. (d) REVOCATION.—The Secretary of Homeland Security may not revoke parole granted to an alien under sub6 section (a) unless the Secretary determines that such alien is ineligible for parole under subsection (b) based on the policies and implementing guidance in effect when parole was initially granted to the alien under this section. (e) CLARIFICATIONS.— (1) IN GENERAL.—An alien paroled under this section shall not be counted for purposes of the cal13 culation under section 201(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(4)). (2) OTHER RELIEF.—Nothing in this section shall limit the existing authority of the Secretary of Homeland Security to provide administrative or stat18 utory relief to aliens on an individual or class-wide basis. (f) CONFIDENTIALITY OF INFORMATION.—The Sec21 retary of Homeland Security may not disclose information provided in any application filed under this section to U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, or any designee of either such entity or use such information for purposes of immigration enforcement. (g) INTERIM RULES.—Not later than 90 days after the date of the enactment of this section, the Secretary of Homeland Security shall publish in the Federal Register, interim final rules implementing this section and shall, not later than 90 days after such rules are published, begin accepting and adjudicating applications for parole under subsection (a)(1)(A). SEC. 60002. RECAPTURE OF UNUSED IMMIGRANT VISA NUMBERS. (a) ENSURING FUTURE USE OF ALL IMMIGRANT VISAS.—Section 201(c)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1151(c)(1)(B)(ii)) is amended to read as follows: ‘‘(ii) In no case shall the number computed under subparagraph (A) be less than the sum of— ‘‘(I) 226,000; and ‘‘(II) the number computed under paragraph (3).’’. (b) RECAPTURING UNUSED VISAS.—Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended by adding at the end the following: ‘‘(g) RECAPTURING UNUSED VISAS.— ‘‘(1) FAMILY-SPONSORED VISAS.— ‘‘(A) IN GENERAL.—Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2022, the number of family-sponsored immigrant visas that may be issued under section 203(a) shall be increased by the number computed under subparagraph (B). ‘‘(B) UNUSED VISAS.—The number computed under this subparagraph is the difference, if any, between— ‘‘(i) the difference, if any, between— ‘‘(I) the number of visas that were originally made available to family-sponsored immigrants under section 201(c)(1) for fiscal years 1992 through 2021, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(c)(3); and ‘‘(II) the number of visas described in subclause (I) that were issued under section 203(a), or, in accordance with section 201(d)(2)(C), under section 203(b); and ‘‘(ii) the number of visas resulting from the calculation under clause (i) issued under section 203(a) after fiscal year 2021. ‘‘(2) EMPLOYMENT-BASED VISAS.— ‘‘(A) IN GENERAL.—Notwithstanding the numerical limitations set forth in this section or in sections 202 or 203, beginning in fiscal year 2022, the number of employment-based immigrant visas that may be issued under section 203(b) shall be increased by the number computed under subparagraph (B). ‘‘(B) UNUSED VISAS.—The number computed under this paragraph is the difference, if any, between— ‘‘(i) the difference, if any, between— ‘‘(I) the number of visas that were originally made available to employment-based immigrants under section 201(d)(1) for fiscal years 1992 through 2021, setting aside any unused visas made available to such immigrants in such fiscal years under section 201(d)(2); and ‘‘(II) the number of visas described in subclause (I) that were issued under section 203(b), or, in accordance with section 201(c)(3)(C), under section 203(a); and ‘‘(ii) the number of visas resulting from the calculation under clause (i) issued under section 203(b) after fiscal year 2021. ‘‘(3) DIVERSITY VISAS.—Notwithstanding sec11 tion 204(a)(1)(I)(ii)(II), an immigrant visa for an alien selected in accordance with section 203(e)(2) in fiscal year 2017, 2018, 2019, 2020, or 2021 shall remain available to such alien (and the spouse and children of such alien) if— ‘‘(A) the alien was refused a visa, prevented from seeking admission, or denied ad18 mission to the United States solely because of Executive Order 13769, Executive Order 13780, Presidential Proclamation 9645, or Presidential Proclamation 9983; or ‘‘(B) because of restrictions or limitations on visa processing, visa issuance, travel, or other effects associated with the COVID–19 public health emergency— ‘‘(i) the alien was unable to receive a visa interview despite submitting an Online Immigrant Visa and Alien Registration Application (Form DS–260) to the Secretary of State; or ‘‘(ii) the alien was unable to seek admission or was denied admission to the United States despite being approved for a visa under section 203(c).’’. SEC. 60003. ADJUSTMENT OF STATUS. Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) is amended by adding at the end the following: ‘‘(n) VISA AVAILABILITY.— ‘‘(1) IN GENERAL.—Notwithstanding subsection (a)(3), the Secretary of Homeland Security may accept for filing an application for adjustment of status from an alien (and the spouse and children of such alien), if such alien— ‘‘(A) is the beneficiary of an approved petition under section 204(a)(1); ‘‘(B) pays a supplemental fee of $1,500, plus $250 for each derivative beneficiary; and ‘‘(C) is otherwise eligible for such adjustment. ‘‘(2) EXEMPTION.—The Secretary of Homeland Security shall exempt an alien (and the spouse and children of such alien) from the numerical limitations described in sections 201, 202, and 203, and the Secretary of Homeland Security may adjust the status of such alien (and the spouse and children of such alien) to lawful permanent resident, if such alien submits or has submitted an application for adjustment of status and— ‘‘(A) such alien— ‘‘(i) is the beneficiary of an approved petition under subparagraph (A)(i) or (B)(i)(I) of section 204(a)(1) that bears a priority date that is more than 2 years before the date the alien requests an exemption from the numerical limitations; and ‘‘(ii) pays a supplemental fee of $2,500; ‘‘(B) such alien— ‘‘(i) is the beneficiary of an approved petition under subparagraph (E) or (F) of section 204(a)(1) that bears a priority date that is more than 2 years before the date the alien requests an exemption from the numerical limitations; and ‘‘(ii) pays a supplemental fee of $5,000; or ‘‘(C) such alien— ‘‘(i) is the beneficiary of an approved petition under subparagraph (H) of section 204(a)(1) that bears a priority date that is more than 2 years before the date the alien requests an exemption from the numerical limitations; and ‘‘(ii) pays a supplemental fee of $50,000. ‘‘(3) EFFECTIVE DATE.— ‘‘(A) IN GENERAL.—The provisions of this subsection— ‘‘(i) shall take effect on the earlier of the date that is— ‘‘(I) 180 days after the date of the enactment of this subsection; or ‘‘(II) May 1, 2022; and ‘‘(ii) except as provided in subparagraph (B), shall cease to have effect on September 30, 2031. ‘‘(B) CONTINUATION.—Paragraph (2) shall continue in effect with respect to an alien who requested an exemption of the numerical limitations and paid the requisite fee prior to the date described in subparagraph (A)(ii), until the Secretary of Homeland Security renders a final administrative decision on such application.’’. SEC. 60004. ADDITIONAL SUPPLEMENTAL FEES. (a) TREASURY.—The fees described in this section, section 60001, and section 245(n) of the Immigration and Nationality Act, as added by this subtitle— (1) shall be deposited in the general fund of the Treasury; and (2) may not be waived, in whole or in part. (b) IMMIGRANT VISA PETITIONS.—In addition to any other fee collected in connection with a petition described in this subsection, the Secretary of Homeland Security shall collect a supplemental fee in the amount of— (1) $100 in connection with each petition filed under— (A) section 204(a)(1)(A)(i) of the Immi20 gration and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) for classification by reason of a relationship described under paragraph (1), (3), or (4) of section 203(a) of such Act (8 U.S.C. 1153(a)); and (B) section 204(a)(1)(B)(i)(I) of such Act (8 U.S.C. 1154(a)(1)(B)(i)(I)); (2) $800 in connection with each petition filed under subparagraph (E) or (F) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)); and (3) $15,000 in connection with each petition filed under subparagraph (H) of section 204(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)). (c) FORM I-94 OR FORM I-94W.—The Secretary of Homeland Security shall collect from each individual who is admitted to the United States as a nonimmigrant, and is issued an electronic or paper arrival/departure record (Form I-94 or Form I-94W, or any successor form), a fee of $19. (d) STUDENT AND EXCHANGE VISITORS.—In addi18 tion to any other fee collected from an approved institution of higher education, other approved educational institu20 tion, or designated exchange visitor program in the United States, in connection with nonimmigrants described in subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) enrolled in such institution or program, the Secretary of Homeland Security shall collect a supple2 mental fee of $250 for each such nonimmigrant. (e) PERMANENT RESIDENT CARD REPLACEMENT.— In addition to any other fee collected in connection with each Application to Replace Permanent Resident Card (Form I-90, or any successor form), filed for purposes of replacing an expired or expiring permanent resident card, the Secretary of Homeland Security shall collect a supple9 mental fee of $500. (f) NONIMMIGRANT VISA PETITIONS.—In addition to any other fee collected in connection with a petition filed under section 214 of the Immigration and Nationality Act (8 U.S.C. 1184), the Secretary of Homeland Security shall collect a supplemental fee of $500 in connection with each such petition for classification as a nonimmigrant under subparagraph (E), (H)(i)(b), (L), (O), or (P) of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)). (g) EXTEND/CHANGE STATUS.—In addition to any other fee collected in connection with each Application to Extend/Change Nonimmigrant Status (Form I-539, or any successor form), the Secretary of Homeland Security shall collect a supplemental fee of $500. (h) EMPLOYMENT AUTHORIZATION.—In addition to any other fee collected in connection with an application for employment authorization (Form I-765, or any suc cessor form), the Secretary of Homeland Security shall collect a supplemental fee of $500 for each such applica3 tion filed by an individual seeking such authorization as— (1) the spouse of a nonimmigrant described in subparagraph (E), (H), or (L) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); (2) a nonimmigrant described in section 101(a)(15)(F) of such Act (8 U.S.C. 1101(a)(15)(F)) to engage in optional practical training; or (3) as an applicant for adjustment of status under section 245(a) of such Act (8 U.S.C. 1255(a)). (i) EFFECTIVE DATE.—The fees authorized by this section shall take effect on the earlier of the date that is— (1) 180 days after the date of the enactment of this Act; and (2) May 1, 2022. SEC. 60005. U.S. CITIZENSHIP AND IMMIGRATION SERVICES. In addition to amounts otherwise available, there is appropriated to U.S. Citizenship and Immigration Serv24 ices for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $2,800,000,000, to remain available until expended, for the purpose of increasing the capacity of U.S. Citizenship and Immigration Services to adjudicate efficiently applications described in section 60001 of this Act, and section 245(n) of the Immigration and Nationality Act (8 U.S.C. 1255(n)), as added by 60003 of this Act, and to reduce case processing backlogs. |
Last edited by 2MoreYears; 11-03-2021 at 05:40 PM..
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Late 40's Dreamer (Holy Fucking shit I'm almost 50 and still dealing with this), aged out of original DACA and didn't have a chance to apply for extended DACA after Republicans killed it on the vine.
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Originally Posted by IamAman
At this point if this somehow passed, it would be a substantial and giant victory. Essentially DACA for those who *ahem* don't have DACA now, and solidifies DACA like protections for the next 5 years for those who already have it. It would allow those *ahem* without DACA who could otherwise adjust their status to find ways to adjust their status without fear of coming forward, and just as we found with DACA, after 5 years, a lot of things can happen because you can't put the toothpaste back into the tube so it will likely get extended and who knows, sooner or later something permanent will be done for those who couldn't get married, find a job sponsorship, etc.
I would be partying for a month straight if this passed...I'm sure some on here who already have DACA would poopoo it though since it's not an instant green card. |
Nothing personal against any of you. But, God I hope we get better Democrats in the Senate and House leadership. Pelosi and Schumer are a fucking poison. I see some good out of this. But boy, if you can get a free car, why settle for an old fucked up one that can get you from point A to point B when you can get a brand new BMW or Ferrari. This is still pretty depressing they would just fuck up a great opportunity all because of Schumer refusing to fire the parliamentarian.
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Last edited by Smooth; 11-03-2021 at 05:40 PM..
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Originally Posted by IamAman
At this point if this somehow passed, it would be a substantial and giant victory. Essentially DACA for those who *ahem* don't have DACA now, and solidifies DACA like protections for the next 5 years for those who already have it. It would allow those *ahem* without DACA who could otherwise adjust their status to find ways to adjust their status without fear of coming forward, and just as we found with DACA, after 5 years, a lot of things can happen because you can't put the toothpaste back into the tube so it will likely get extended and who knows, sooner or later something permanent will be done for those who couldn't get married, find a job sponsorship, etc.
I would be partying for a month straight if this passed...I'm sure some on here who already have DACA would poopoo it though since it's not an instant green card. |
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Originally Posted by Smooth
That’s certainly one of the pros, but it’s still pissing away a very good opportunity. I hope you get relief soon.
Nothing personal against any of you. But, God I hope we get better Democrats in the Senate and House leadership. Pelosi and Schumer are a fucking poison. I see some good out of this. But boy, if you can get a free car, why settle for an old fucked up one that can get you from point A to point B when you can get a brand new BMW or Ferrari. This is still pretty depressing they would just fuck up a great opportunity all because of Schumer refusing to fire the parliamentarian. |
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