Immigration Policy Update
submitted by Virgo Handojo
Recently enacted laws:
- New Law Provides Citizenship for Adoptees
- English-language waiver for certain surviving spouses of
Hmong veterans
- Immigrant Provisions of VAWA Stregthened
- New Visas for Victims of Trafficking, Crimes
NATURALIZATION - New Law Provides Automatic Citizenship for
Adoptees
On October 30th, the President signed H.R. 2883, the Child
Citizenship Act of 2000.Among
other things, this law automatically confers citizenship to a
child under the age of 18 who is adopted by U.S. citizen
parents. At least one parent must be a U.S. citizen, and the
child must be legally residing in the U.S. with the citizen
parent or parents. The new law eliminates the need for parents
to apply to the INS for citizenship for their adopted
foreign-born children.It
applies to children currently residing in the U.S., as well as
to adoptions taking place after enactment.
In addition to easing the citizenship process for adopted
children (and their parents), the law alleviates some of the
harsh consequences of the 1996 Illegal Immigration Reform and
Immigrant Responsibility Act. Since that law was enacted, some
immigrants, who were adopted as small children but for whatever
reason did not become citizens, have been deported for
committing minor crimes or for voting in the belief that they
were citizens.
The law provides that for adopted immigrants who may have
voted or made a false claim to U.S. citizenship, there will be
no finding that the immigrant is not of "good moral
character" on that basis if the adopted immigrant resided
in the U.S. prior to age 16, and if he or she reasonably
believed that he or she was a citizen. It also provides an exception to the grounds of
inadmissibility and deportability for such immigrants who have
illegally voted or made false claims to U.S. citizenship.
Protections from criminal penalties for voting or falsely
claiming citizenship are also provided for immigrants in these
situations. The exceptions are made retroactive to September
30th, 1996 the date of enactment of the Illegal Immigration
Reform and Immigrant Responsibility Act.
NATURALIZATION - Hmong Widows Get Citizenship Benefits
On November 1, President Clinton signed into law H.R. 5234,
which amended the Hmong Veterans' Naturalization Act (HVNA,
passed earlier this year) so that certain widows of Hmong
veterans would obtain the same benefits as those who benefited
from that Act.The
HVNA provided an exemption from the English language requirement
for citizenship, and provides for "special
consideration" with regards to the U.S. History and
Government requirement.
The INS has implemented the "special consideration"
provision (which now applies, in addition to Hmong veterans and
widows, to permanent residents over the age of 65 with at least
20 years of U.S. residency) by administering a test of 10
questions from a master list of 25 questions.
Persons benefiting from this law are able to take the test in
their native language.
While the Hmong Veterans' Naturalization Act granted these
citizenship benefits to veterans and their spouses and widows,
it did not specify that widows of Hmong who were killed or died
in Laos, Vietnam, or Thailand (and thus never made it to the
U.S.) would also receive those benefits.
The new law corrects that oversight.
Persons covered by this Act have 18 months to apply for
citizenship.
BATTERED IMMIGRANT WOMEN - Immigrant Provisions of Violence
Against Women Act Strengthened
On October 28th, the President signed H.R. 3244, the Victims
of Trafficking and Violence Prevention Act of 2000.
This law combines the reauthorization of the Violence
Against Women Act (VAWA) and a new law dealing with human
trafficking.
A number of improvements and changes were made to the
immigrant provisions of VAWA. Among the many changes
-
Victims
of domestic violence who self petition may apply for
adjustment of status inside the U.S.
-
Immigrants
who self petition no longer have to show that they would
suffer "extreme hardship" if deported.
-
Children
who have self-petitioned or are derivative beneficiaries of
a parent petition and who subsequently turn 21 keep the
parent's priority date.
-
Persons
who become eligible for VAWA Suspension of Deportation or
Cancellation of Removal because of the changes made by this
law may reopen their proceedings.
-
Certain
grounds of inadmissibility and deportability may be waived.
-
Cash
or benefits received in relation to escape from domestic
violence, to which an abused spouse or child may be
entitled, may not be considered in determining whether the
immigrant is likely to become a "public charge."
-
A
summary of the immigrant provisions of the Victims of
Trafficking and Violence Prevention Act has been prepared by
the National Immigration Law Center.
-
A
summary of the entire Violence Against Women portion of the
Act is posted on the website of the National Organization
for Women Legal Defense and Educational Fund (click
here to visit) Title V contains the battered immigrant women
provisions.
TRAFFICKING - New Law Provides Visas for Victims of
Trafficking, Crimes
The Victims of Trafficking and Violence Prevention Act also
provides two new categories of non-immigrant visas for victims
of trafficking and witnesses to crimes.
Up to 5,000 "T" visas will be available per
year for victims of "a severe form of trafficking in
persons," including sex trafficking or coerced labor.
Individuals with T visas may become permanent residents
after three years.Up
to 5,000 persons with T visas may adjust their status per year.
The "U" visa will be available to immigrants
who are victims of certain crimes or who can provide critical
information in the prosecution of certain specified serious
crimes. Persons who obtain a U visa may adjust to permanent
status after three years.Up
to 10,000 U visas may be allocated per year.
Trafficking victims under the age of 18 or under certain
other conditions are eligible for federal public benefits.
Maurice Belanger
Senior Policy Associate
National Immigration Forum
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