Proposed Family Fairness Act: Path to a Green Card
Examine the key provisions of the proposed Family Fairness Act, a bill that could establish a new pathway to lawful permanent residence for long-term U.S. residents.
A legislative proposal would update U.S. immigration law, creating a new pathway to lawful permanent resident status for certain long-term, undocumented residents. As a bill, it has been introduced for consideration and is not yet law, meaning its provisions are subject to change as it moves through the legislative process. The proposal would allow eligible individuals to apply for and obtain a green card through a uniform process.
Eligibility Requirements for Applicants
To qualify, an applicant must demonstrate continuous physical presence in the United States for at least seven years immediately preceding the application date. The term “continuous” is defined to allow for brief, casual, and innocent absences from the country. Departures for significant periods or for purposes that are contrary to U.S. law would disqualify an applicant. The burden of proof rests on the applicant to provide evidence substantiating their residency.
This “rolling” eligibility requirement would update a provision in immigration law known as the registry, which has a fixed cut-off date of January 1, 1972. This old date has made the provision unavailable to most people. The new proposal would make eligibility dependent on the length of residency rather than presence on a specific, fixed date.
The proposed legislation also outlines admissibility standards focused on criminal history and national security. An applicant would be ineligible if they have been convicted of a felony or two or more misdemeanors. Certain offenses, even if misdemeanors, such as those involving violence, controlled substances, or fraud, could also be disqualifying. Individuals identified as a threat to national security or public safety are also barred from eligibility.
Adjustment of Status Provisions
The primary benefit for successful applicants is the adjustment of their immigration status to that of a lawful permanent resident (LPR). This status, commonly known as a green card, confers the right to live and work permanently in the United States. It also provides a pathway to U.S. citizenship, which LPRs can apply for after five years of residency and meeting other requirements.
A feature of the proposal is its automatic waiver of specific grounds of inadmissibility. The legislation waives inadmissibility based on having entered the U.S. without inspection and also forgives periods of unlawful presence. Under current law, these issues can trigger multi-year bars to re-entry if an individual departs the United States. These waivers remove the legal barriers that have kept the target population in an undocumented status.
Required Information and Documentation for Application
Applicants must provide documents to prove their identity, such as a foreign passport, a consular identification card, or a certified birth certificate with translation. These documents establish the applicant’s identity and country of origin for security and background checks.
Proving continuous residence for the seven-year period requires a collection of records. Applicants should gather documents that show their ongoing presence, such as:
- Utility bills, bank statements, and rental or mortgage payment records
- Employment records, including pay stubs or letters from employers
- Copies of filed federal tax returns for the relevant years
- School or medical records to substantiate the timeline of presence
The application would be filed on a specific form designated by U.S. Citizenship and Immigration Services (USCIS). This form requires detailed personal information, including full name, date of birth, and current address. It also mandates a complete history of all addresses and employers for the entire period of claimed residence in the United States.
Applicants are required to pay a government filing fee of $1,440, which includes the cost of biometrics services. The proposal includes provisions for a fee waiver for individuals who can demonstrate an inability to pay. This requires submitting evidence of receiving a means-tested public benefit or having a household income at or below 150% of the federal poverty guidelines.
The Application and Adjudication Process
The application package must be submitted according to USCIS instructions, which typically involves mailing the forms, documentation, and fees to a designated lockbox facility. The possibility of a future electronic filing option is also contemplated.
After filing, the applicant receives a receipt notice confirming the application was accepted and providing a case number. Subsequently, the applicant will be scheduled for a biometrics appointment where their fingerprints and photograph are taken for FBI background checks. In some cases, USCIS may determine that an in-person interview is necessary to verify information.
The final stage is the adjudication of the application. A USCIS officer will review all the evidence, the results of the background check, and any information from an interview to make a final determination. The decision, whether an approval or a denial, is communicated to the applicant in a written notice.