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H.R. 5528: America’s CHILDREN Act of 2025

This bill, titled the America's CHILDREN Act of 2025, aims to amend the Immigration and Nationality Act to provide pathways for certain individuals who entered the United States as children to obtain lawful permanent resident status. Below are the key points of the provisions included in the bill:

1. Permanent Resident Status for Certain College Graduates

The bill allows certain individuals who meet specific criteria to apply for permanent resident status. The requirements include:

They must not be inadmissible or deportable under current immigration laws.
They must have been lawfully present in the U.S. as a dependent child of a nonimmigrant who was admitted to work in the U.S. for a cumulative period of at least 8 years.
They must have maintained lawful presence in the U.S. for at least 10 years by the time of their application.
They must have graduated from an institution of higher education in the U.S.

2. Filing a Petition

Individuals who qualify under the criteria mentioned above may file a petition with the Secretary of Homeland Security for classification as permanent residents.

3. Age-out Protections and Priority Date Retention

The bill introduces several protections and clarifications regarding the age of individuals filing for residency:

Age determination for applicants will be based on their age when the petition is filed or when the labor certification application is submitted.
For certain dependents, their status as children may be retained beyond age limits under specific conditions.
Individuals can retain their priority dates for residency applications, meaning they won’t lose their spot in line for residency based on age changes or other circumstances.

4. Employment Authorization

Individuals admitted as dependent children under the new provisions will also be authorized to work in the United States, providing them with employment opportunities while their residency applications are being processed.

5. Effective Date and Motion to Reopen

The amendments made by this bill will take effect as if they had been included in previous related legislation known as the Child Status Protection Act. Additionally, provisions are made for individuals who may have had their applications denied previously; they may have the option to reopen or reconsider their petitions under the new rules within a specified timeframe.