S. 2886: America’s CHILDREN Act of 2025

The bill known as the America’s CHILDREN Act of 2025 aims to amend the Immigration and Nationality Act to provide a pathway to lawful permanent resident status for specific groups of college graduates who were brought to the United States as children. Here’s how it plans to achieve this:

Key Provisions of the Bill

• Eligibility for Permanent Residency: The bill stipulates that certain individuals, referred to as "aliens," can apply for permanent resident status if they meet specific criteria. These criteria include:
  • Not being subject to deportation or criminal inadmissibility.
  • Having been lawfully present in the U.S. as a dependent child of a nonimmigrant worker for a minimum of eight years.
  • Having an overall lawful presence in the U.S. for at least ten years at the time of applying.
  • Graduating from an accredited institution of higher education in the United States.
• Filing a Petition: Eligible individuals can file a petition with the Secretary of Homeland Security for classification as lawful permanent residents under this act.
• Age-Out Protections: The bill includes provisions to protect individuals from "aging out" of dependent child status as follows:
  • It allows the child's age to be determined based on the age at the time of filing a petition or labor certification application, rather than strictly by biological age.
  • Children who remained dependents for eight years before turning 21 may retain their status during the processing of their application.
  • Special conditions are set for those who fail to apply for permanent residency but were previously eligible, allowing for consideration of their circumstances.
• Nonimmigrant Dependent Children: The bill offers provisions for nonimmigrant dependent children, ensuring that they can remain eligible as dependents even if their parent's employment-based petition is approved and regardless of their marital status. Additionally, it grants them the ability to work in the U.S. while maintaining this status.
• Retention of Priority Dates: The bill clarifies rules about retaining priority dates associated with immigration petitions. This means that individuals who previously applied for residency would keep their original application dates, which can expedite their legal status processing in the future.

Implementation and Impact

The bill aims to implement these changes immediately upon passing. It is designed to address the status of individuals who have been living in the U.S. under temporary visas as children and have grown up and contributed to society but lack a direct path to permanent residency. If successful, it could affect a significant number of young adults who fit the specified criteria.

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