Democrats look for options after Senate Parliamentarian’s ruling

In light of the immigration-related controversy, the Biden administration realized it would not get bipartisan support in Congress to promote the first comprehensive immigration overhaul in decades, which is why it decided to include an immigration resolution in the 2022 budget package.

Democratic leaders introduced the budget package through the reconciliation process, which would allow them to circumvent Republican obstructionism in the upper chamber of Congress, the Senate. The immigration resolution included in the spending bill proposed, among other things, to open a path to legalization for millions of undocumented foreign workers, who are essential to keeping the economy afloat.

However, despite the fact that the House of Representatives had already passed the budget package, the Senate Parliamentarian recently rejected the immigration language included in this spending bill, stating that it is not entirely a budgetary issue.

As a result, the Biden administration has been looking for other alternatives over the past week in order to promote immigration reform and open a path to legal documentation for essential foreign workers.

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The Registry process might be a path to legalization

Democratic Senator Bob Menendez, from New Jersey, recently stated that there is an alternative that could be effective in legalizing eligible undocumented immigrants after the Senate Parliamentarian’s ruling; the Registry provision.

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What is the Registry provision and where does it come from?

The Registry provision was officially introduced in the INA (Immigration and Nationality Act) in 1929, which allows certain undocumented immigrants to request lawful permanent residency through a Green Card if they have resided in the US for a substantial period of time.

This provision has not been updated since 1986 and, therefore, according to the USCIS (US Citizenship and Immigration Services), immigrants who have lived in the US continuously since or before 1972 are currently eligible to apply for a Green Card through Registry.

However, Democratic leaders are proposing to update the Registry provision through the regular legislative process so that, beginning in 2021, immigrants who have resided in the country since or before 2006 (a period of 15 years) would be eligible for legal permanent residency.

If this plan is carried out, approximately 6.2 million undocumented foreigners could obtain Green Cards, which represents more than half of immigrants currently residing in the US without legal documentation and, thus, would be another possibility to promote immigration reform.

As multiple immigration processes have changed over the last year, the best recommendation and decision when starting your immigration journey in the US or completing a pending process is undoubtedly to seek reliable help from experts who have the necessary and appropriate tools to lead you towards the success of your immigration application. Contact Motion Law Immigration, schedule a FREE Consultation and follow the advice of our experienced attorneys!

Now is the right time to start your immigration journey!

We understand that starting an immigration process requires constant dedication and expert help. Our team is highly qualified to guide you through your immigration journey in the US, so please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

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