Key points in Biden push for immigration overhaul

President Biden is proposing broad immigration reform, including a path to U.S. citizenship for our nation’s 11 million undocumented immigrants. This legalization program, which requires congressional approval, could take months.

Until then, don’t get scammed into paying for help preparing an application. Congressional passage is not guaranteed and substantial changes to this legislation are likely. Here’s what you need to know about some of the new president’s most important immigration initiatives:

Permanent residence for undocumented immigrants: The proposed legislation would grant undocumented immigrants here on or before Jan. 1 temporary legal status. Exclusions apply to those with criminal records.

Those who have worked will have to have paid their taxes. After five years, the temporary residents will qualify for permanent residence — a green card. They will qualify for U.S. citizenship three years later.

Permanent residence for DACA and TPS holders, and some farmworkers: The president’s proposal provides a separate path to U.S. citizenship for DACA, TPS holders and certain farmworkers. Under the bill, they will qualify immediately for permanent residence, and after three years, for U.S. citizenship. For qualifications and information on how to apply for DACA, go to bit. ly/38YVKM7. For information on TPS go to bit.ly/39QEDLB.

Preserving DACA: Biden has pledged to protect the DACA program. Presently, the program is open and accepting applications. A federal judge is considering whether DACA is unlawful. Whatever the judge’s decision, Biden should be able to preserve the program, keeping DACA in place no matter whether Congress provides a legislative solution.

Ending the unlawful presence bar to permanent residence: Currently, if you leave the United States after having been here unlawfully more than 180 days — even to go to an immigrant visa interview abroad — you are barred from returning for three years. The bar is 10 years if you have been here unlawfully one year or longer. The Biden bill will eliminate that bar. Hundreds of thousands of undocumented immigrants in the U.S. will qualify for permanent residence through petitions filed by their U.S. citizen and permanent resident relatives.

Allan Wernick is an attorney and director of the City University of New York’s Citizenship Now! project. Send questions and comments to questions@ allanwernick.com. Follow him on Twitter @awernick.