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Don’t get too excited! It hasn’t passed, it is still pending. The Reuniting Families Act was introduced by Senator Menendez (D-NJ). If enacted, the Act will eliminate hardship to many family members of U.S. citizens and Lawful Permanent Residents.

No more wait times for children and spouses of Permanent Residents.
The Act will re-classify spouses and children of permanent residents as “immediate relatives.” What does this mean? Right now, a spouse of a permanent resident is classified as “first preference,” which means he has to wait a long time (years) before he can apply for a green card. Spouses of U.S. citizens do not have to wait and are eligible for a green card immediately. That is because they are classified as “immediate relatives.” The act will re-classify spouses and children of permanent residents to that of “immediate relatives.”

No more “widow penalty".
The “widow penalty” is an unfortunate byproduct of our immigration law. Here is an example. Mary is not a U.S. citizen. Bob is. Bob marries Marry and applies for her as an “immediate relative.” Together with Bob’s petition, Mary files for her green card. Bob dies, however, before his petition is approved. Due to his death, the petition is automatically revoked and Mary is deported. That is what is called the “widow penalty.” Under the proposed Act, the petition will not be revoked. The provision would be retroactive, and anyone who has suffered from the “widow penalty” in the past can reapply for the benefit within a two-year period and can be even paroled to the U.S.

Will help undocumented families of U.S. citizens and permanent residents.
I have heard this story way too many times. The child came to the U.S. with family. The family obtained green cards, some even became U.S. citizens, but for some reason the child did not. He is now undocumented and has no way to obtain permanent residence unless he is placed in deportation and is granted very limited relief. Under the Act, undocumented parents, children and spouses of U.S. citizens and permanent residents will be allowed apply for documented status in the U.S. if they can show that refusal to admit them to the U.S. will result in hardship to their parent, son or daughter.

How about those “roll-over” minutes?
The Act will recapture unused employment and family-sponsored visas from 1992 through 2007 and apply them to the next year, which should help shorten some of those waiting times to get a visa number. Right now, waiting times to get a visa number (which makes you eligible to apply for a “green card") last years, often over ten years. The Act should help shorten these times by capturing unused visas and thus creating “extra” visa numbers for that year.

A companion bill was introduced by Rep. Honda (D-CA) and is currently pending in the House of Representatives. See H.R. 6938

S.2840, which passed both the Senate and the House (now waiting for the President’s signature) provides for accelerated processing of naturalization applications for U.S. military personnel.

The key features of the bill include: 1) establishing an office of FBI liaison in the Department of Homeland Security (DHS), which will accelerate FBI clearance of naturalization applications for military personnel, and 2) establishing a 6-month time line for processing such applications.

Currently, there is no “accelerated docket” for processing naturalization applications filed by members of U.S. Armed Forces or their families, although, generally, these applications take less time than other naturalization applications. Nonetheless, this creates a time table for action.

This is particularly important for families of U.S. military personnel, and here is why. Generally speaking, U.S. military personnel currently on active duty can apply for naturalization at any time, regardless of their immigration status in the U.S. Spouses, children or parents of U.S. military personnel can apply for immigration benefits, but timing is everything for them. If the family members apply before the military person becomes a U.S. citizen, they are facing long waiting lines. Once the military spouse/child/parent is a U.S. citizen, however, their beneficiaries can typically receive immigration benefits and work authorization within a relatively short period of time. If the military member is deceased, the family members can apply for posthumous citizenship and receive immigration benefits after citizenship is granted to the deceased. The processing times of citizenship applications are therefore critical to the family’s ability to live, work or receive education in the United States. Creating a time table for the processing lifts a huge burden off the shoulders of our military personnel and their families.

USCIS provides a wealth of information on military naturalizations. Here is a list of useful resources:
USCIS hotline: 1 877 CIS 4MIL (1 877 247 4645)
USCIS website on military personnel: www.uscis.gov/military
USCIS fact sheet on citizenship through the military
USCIS information on naturalization abroad for military personnel and their families
Overseas naturalization eligibility for certain children of U.S. military personnel
Form N-400, application for naturalization
Form N-426, application for certification of military or naval service
Form N-400K, for children who reside abroad and claim U.S. citizenship based on parentage