US Senators make another attempt to broaden the pathway to a green card

Last week, US Senator Alex Padillaintroduced a bill to expand a pathway to permanent residency for millions of long-term US residents. ‘The Renewing Immigration Provisions of the Immigration Act of 1929’, would update the existing Registry statute so that an immigrant may qualify for lawful permanent resident status (green card) if they have lived in the US continuously for at least seven years before filing the application and are of good moral character.

The Senate version of the bill is co-sponsored by Dick Durbin, Bernie Sanders, Elizabeth Warren, Cory Booker and Ben Ray Luján. In the House of Representatives a companion legislation has been introduced by Congresswoman Zoe Lofgren.
The legislation would provide a much-needed pathway to a green card for more than 8 million people, including dreamers, forcibly displaced citizens (TPS holders), children of long-term visa holders, essential workers, and highly skilled members of our workforce such as H-1B visa holders who have been waiting years for a green card to become available.

Owing to the existence of a per country cap of 7% for green cards, the Indian diaspora is badly impacted. According to a recent study done by David J Bier, Immigration Policy Analyst at Cato Institute, a Washington headquartered think-tank, the employment based green card backlog for skilled Indians had reached 7.19 lakh in September 2021, with an expected wait time of 90 years (or up to 46 years after adjusting for death and ageing out of those in the queue).
More than 2 lakh Indians who are mired in this backlog are likely to die before they can conceivably receive a green card (absent a change in the law). Only about half of the pending Indian immigrants will likely receive green cards under current law. Another 90,000 children of immigrants—mainly Indians—will ‘age out’ of green card eligibility during their waits, adds the study.
TOI has in the past in several articles pointed out the woes of H-1B families. Children of non-immigrant visa holders, like H-1Bs are forced to self-deport when they turn 21 or have to transit to another visa such as an international student visa (F visa).
Last September, this bill was introduced, but it did not fructify. Thus, a renewed attempt is being made. Section 249 of the Immigration and Nationality Act, also known as the Registry, gives the Secretary of Homeland Security the discretion to register certain individuals for lawful permanent resident status if they have been in the country since a certain date and meet other requirements. Section 249 was first codified in 1929 and Congress has modified it four times, most recently in 1986. No changes have been made since 1986 and the cutoff date for eligibility remains January 1, 1972, more than 50 years ago.
This Bill aims to amend the existing Registry statute by moving the eligibility cutoff date so that an immigrant may qualify for lawful permanent resident status if they have been in the US for at least seven years before filing an application under Registry. It also aims to preempt the need for further congressional action by making the eligibility cutoff rolling, instead of tying it to a specific date, as it is now.

Voices of the Senators

“America’s outdated immigration system is hurting countless people and holding back our country and our economy,” said Senator Padilla. “My bill would update the Registry cutoff date for the first time in more than 37 years so that more immigrants are eligible to apply for permanent resident status. This would have a profound impact on millions of immigrants, some of whom have been living, working, and contributing to the US for decades, by allowing them to live freely without the fear of an uncertain future.”
“Our immigration system is deeply broken and has prevented many long-term US residents from earning citizenship from the country they now call home. We cannot rely on antiquated laws to dictate modern day immigration policy,” said Senator Durbin.“This legislation would allow immigrants to claim lawful permanent resident status after living in the US for seven years and demonstrating good moral character. Updating the existing Registry statute would give immigrants, who have been working and contributing to our country for nearly a decade, the sense of certainty and stability that everyone deserves.”
“Millions of immigrants have made crucial contributions to the US, only to be met with a broken system that shuts the doors on them,” saidSenator Warren. “Expanding the registry pathway to citizenship for people who have lived in this country for years will provide the stability and opportunity they deserve.”
“Immigrant communities contribute and enrich our society,” said Senator Luján. “Yet, our current immigration system leaves countless lives in limbo and prevents undocumented immigrants from fully participating in our economy. That’s why I’m proud to join my colleagues to reintroduce this legislation that updates the Registry cutoff date for the first time in 35 years, providing a pathway for millions of immigrants to adjust their status and unlock their boundless potential.”