Family Reunification Act of 2021
Bill: H.R.3493 | Sponsor: Rep. Espaillat, Adriano (D-NY)
Policy area: Immigration

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.

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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Reunification Act of 2021''.

SEC. 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)) is amended--
            (1) in subparagraph (A), by adding ``and'' at the end;
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``or before April 
                30, 2001''; and
                    (B) in clause (ii), by striking ``on or before such 
                date; and'' and inserting a period; and
            (3) by striking subparagraph (C).

SEC. 3. DEPOSIT OF CERTAIN FUNDS.

    Section 245(i)(3) of the Immigration and Nationality Act (8 U.S.C. 
1255(i)(3)) is amended by striking ``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''.

SEC. 4. LIMITATION ON REMOVAL.

    Section 245 of the Immigration and Nationality Act (8 U.S.C. 1255) 
is amended by adding at the end the following:
    ``(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.''.

SEC. 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)) is amended to 
read as follows:
                    ``(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)(15)(V).--Section 214(q)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1184(q)(1)) is amended to read as follows:
    ``(q) Nonimmigrants Described in Section 101(a)(15)(V).--
            ``(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' endorsement or other 
                        appropriate document signifying authorization 
                        of employment.
                    ``(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 of the 
                                Internal Revenue Code of 1986 for his 
                                or her health insurance coverage;
                                    ``(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)); and
                                    ``(IV) shall be subject to the 
                                rules applicable to individuals not 
                                lawfully present set forth in section 
                                5000A(d)(3) of the Internal Revenue 
                                Code of 1986.''.
    (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.
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