Family Reunification Act of 2021

To amend the Immigration and Nationality Act to provide for an extension of the application period for certain aliens present in the United States for adjustment of status. 1. Short title This Act may be cited as the Family Reunification Act of 2021 2. Extension of the application period for certain aliens present in the United States for adjustment of status Section 245(i)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1255(i)(1) (1) in subparagraph (A), by adding and (2) in subparagraph (B)— (A) in clause (i), by striking or before April 30, 2001 (B) in clause (ii), by striking on or before such date; and (3) by striking subparagraph (C). 3. Deposit of certain funds Section 245(i)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1255(i)(3) Breached Bond/Detention Fund established under section 286(r), except that in the case of fees attributable to applications for a beneficiary with respect to whom a petition for classification, or an application for labor certification, described in paragraph (1)(B) was filed after January 14, 1998, one-half of such remaining portion shall be deposited by the Attorney General into the 4. Limitation on removal Section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 (n) An alien who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a visa under section 203(d)) of a petition for classification under section 204 that was filed with the Secretary of the Department of Homeland Security and that is prima facie eligible for approval may not be removed while such petition or application is being adjudicated or appealed. . 5. V nonimmigrant visas (a) Nonimmigrant eligibility Section 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) (V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B. . (b) Employment and period of admission of nonimmigrants described in section 101( a Section 214(q)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(q)(1) (q) Nonimmigrants described in section 101( a (1) Certain sons and daughters (A) Employment authorization The Secretary shall— (i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and (ii) provide the nonimmigrant with an employment authorized (B) Termination of admission The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which— (i) the nonimmigrant’s application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or (ii) the nonimmigrant’s application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. (C) Public benefits (i) In general A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 (ii) Health care coverage A noncitizen admitted under section 101(a)(15)(V)— (I) is not entitled to the premium assistance tax credit authorized under section 36B (II) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; (III) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) (IV) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) . (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.

Summary: Family Reunification Act of 2021 This bill addresses issues related to aliens obtaining legal permanent resident status, including by removing certain deadlines in a provision that allows eligible aliens to obtain such status.  Specifically, the bill amends a provision that allows an alien to obtain lawful permanent resident status if the alien (1) is physically present in the United States, (2) entered the United States without inspection or meets certain other criteria, (3) is a beneficiary of a qualifying family-based immigrant petition or a labor certification application filed no later than April 30, 2001, and (4) has filed an application and meets other requirements. This bill removes the April 30, 2001, deadline for the filing of the required immigrant petition or labor certification. It also removes another requirement for certain applying aliens to have been physically present in the United States on December 21, 2000. Furthermore, a beneficiary of a family-based immigrant petition that appears to be eligible for approval may not be removed while the petition is pending. The bill also makes nonimmigrant V visas available to a beneficiary of an approved family-based immigrant petition, subject to certain requirements, regardless of when the immigrant petition was filed or how long it has been pending. Currently, a V visa is only available to an alien whose approved family-based immigrant petition was filed no later than December 11, 2000, and has been pending for at least three years.  A V visa holder may not receive any means-tested public benefits or certain health insurance-related benefits.