On May 28, 2019, the House of Representatives passed H.R. 6, the American Dream and Promise Act. This Act would provide a path to permanent residence and citizenship for current recipients of Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA). This Act is not likely to pass in the Senate. Nevertheless, the following is a brief summary of the proposed paths.
TPS is granted to certain groups of people in the wake of natural disasters, wars, outbreaks of disease, and other catastrophes that would make it difficult for them to return safely to their home countries. Government officials periodically review the program to decide whether to extend it, and most groups have received regular extensions in the past. To learn more about TPS, please click here.
The Obama Administration implemented the DACA program by executive order signed on June 15, 2012, and the program provided certain benefits for some individuals who came to the U.S. before their 16th birthday and were born after June 15, 1981. To learn more about DACA, please click here.
The bill would allow eligible foreign nationals to apply for 10-year conditional permanent residence if:
- The applicant entered the United States before they turned 18;
- The applicant has been continuously physically present in the United States in the four years before enactment of the bill, with some exceptions for short trips and government-authorized travel;
- The applicant is not inadmissible to the United States on certain criminal or national security grounds; and
- The applicant is enrolled in secondary school; have earned a high school diploma, GED or post-secondary certificate; or have been admitted to an institution of higher education.
The bill would provide a direct path to permanent residence for nationals of countries designated for Temporary Protected Status as of September 25, 2016 and those with a grant of Deferred Enforced Departure as of September 28, 2016. Foreign nationals would need to demonstrate that they have been continuously physically present in the United States for three years before enactment of the bill and would have to apply within three years after enactment. Foreign nationals who were removed from the United States or voluntarily departed could apply from abroad in limited circumstances.
As stated above, this Act is unlikely to pass in the Senate and is unlikely to become law.
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