H.R. 1348: Venezuelan Adjustment Act

This bill, known as the Venezuelan Adjustment Act, proposes to allow certain Venezuelan nationals living in the United States to apply for lawful permanent resident status (a green card). Here are the key components of the bill:

Eligibility for Adjustment of Status

To qualify for the adjustment of status, a Venezuelan national must:

• Have entered the U.S. on or before December 31, 2021.
• Have maintained continuous physical presence in the U.S. for at least one year before applying.
• Apply for adjustment within three years of the bill's enactment.

Additionally, certain family members, such as spouses and children of eligible individuals, may also be included in the application process.

Grounds of Inadmissibility

The bill specifies that some grounds for inadmissibility (which usually prevent an individual from becoming a permanent resident) do not apply for those who qualify under this bill. However, individuals with serious criminal convictions, such as aggravated felonies, or those involved in persecuting others would be excluded from eligibility.

Stay of Removal and Work Authorization

The bill also allows Venezuelans who are subject to deportation or removal orders to seek a stay of such orders while their adjustment applications are pending. It enables them to remain in the U.S. without the threat of deportation during this process.

Moreover, individuals applying for adjustment of status may be authorized to work in the U.S. while their application is being reviewed. If their application is pending for more than 180 days, they will automatically gain work authorization.

Permanent Residence Record

Once an application for adjustment of status is approved, the Secretary of Homeland Security will establish a record of permanent residence for the individual starting from the date they arrived in the U.S.

Administrative Review and Judicial Review

The bill guarantees the same rights to administrative review for applicants as provided under current immigration laws. However, decisions made by the Secretary regarding these adjustments would generally not be subject to judicial review, except for constitutional claims or specific legal questions.

Visa Availability

The Secretary of State would not be required to reduce the total number of immigrant visas available to accommodate adjustments made under this act, ensuring that the overall immigration system is not negatively impacted.

General Provisions

The bill includes provisions to clarify that eligibility for adjustment under this act does not prevent an individual from pursuing other immigration statuses they might qualify for. It does not alter any existing powers or duties of the Secretary related to immigration law enforcement.

Relevant Companies

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