Path to permanent residency for Venezuelan nationals

Summary#

The Venezuelan Adjustment Act is a proposed new law; it is not law now. It would require the Secretary of Homeland Security to grant permanent-resident status to certain Venezuelan nationals and eligible family members who apply within three years of enactment and meet the bill’s conditions. Its stated goal is to provide an adjustment-of-status path for those people.

  • The main group covered is Venezuelan nationals who entered the United States by December 31, 2021, and have been physically present for at least one year when they apply. Certain spouses, children, and unmarried sons or daughters of those people are also covered.
  • Applicants must otherwise qualify for an immigrant visa and be admissible, except that four specified grounds of inadmissibility would not apply. The Secretary must deny eligibility for applicants with an aggravated-felony conviction, two or more convictions for crimes involving moral turpitude (except purely political offenses), or participation in specified persecution.
  • People with certain past immigration orders could still apply without first filing a separate motion to reopen or cancel the order. If approved, the Secretary must cancel the order; if denied, the order remains enforceable.
  • The Secretary must create procedures for seeking a stay of certain final orders. For applicants in removal proceedings, the Secretary generally may not order removal while the application is pending, but may do so after a final denial.
  • The Secretary may authorize work while an application is pending and must authorize it if the application remains pending more than 180 days without denial. If an application is approved, the permanent-residence record must use the person’s U.S. arrival date.
  • The bill says the Secretary of State need not reduce other immigrant-visa numbers to offset these grants. It also provides for administrative review and limits court review, while preserving review of constitutional claims and questions of law.

What it means for you#

  • Potential applicants: If you meet the bill’s requirements, the Secretary would have to grant permanent-resident status. You would need to apply within three years after enactment. The bill is still a proposal, so it creates no application path unless it becomes law.
  • Family members: A spouse, child, or unmarried son or daughter of an eligible Venezuelan national is included. The bill does not give these family members a separate entry-date or physical-presence requirement.
  • People with removal orders or proceedings: You could apply despite a qualifying past order without a separate motion to reopen it. A pending application generally protects someone in removal proceedings from being ordered removed, but a final denial leaves the order enforceable. A person with a final order may seek a stay under procedures the Secretary must establish; the bill does not make that stay automatic.
  • Applicants seeking work authorization: The Secretary may authorize work while an application is pending. If it remains pending for more than 180 days and has not been denied, the Secretary must authorize work.
  • Department of Homeland Security: The Secretary must decide eligible applications, establish stay procedures, and provide administrative review. The bill does not specify application-processing timelines.
  • Other visa applicants: The bill does not require the State Department to reduce other immigrant-visa numbers because of permanent-residence grants under this bill.

Money#

No publicly available information on estimated costs.

  • The bill requires the Secretary to establish procedures and handle applications, but provides no cost estimate, staffing number, or appropriation.
  • It does not set an application fee or say whether existing fees would apply.

What is unclear#

  • The bill does not set application forms, evidence rules, decision deadlines, or detailed review procedures.
  • It does not define the family terms or explain when a family relationship must exist. Their meanings may depend on the Immigration and Nationality Act, which was not supplied; current-law details could not be verified against it.
  • The bill does not state how many people may qualify or whether there is a limit on approvals.
  • It does not explain how the new process would interact with other immigration programs or pending applications.
  • It is unclear what practical legal effects follow from recording permanent residence as of a person’s arrival date.
  • The bill has been referred to the House Judiciary Committee. Whether it will pass is uncertain.

Case for#

  • The bill appears intended to provide a permanent-residence path for a defined group of Venezuelan nationals who have been in the United States since the end of 2021, along with specified family members.
  • A possible argument for the bill is that it sets eligibility conditions and disqualifies people with certain serious criminal records or involvement in persecution.
  • Allowing applicants with past immigration orders to apply without a separate motion could make the adjustment process more direct.
  • The bill provides for work authorization after a long-pending application has passed 180 days without denial.

Case against#

  • One concern is that the bill requires the Secretary to grant status to qualifying applicants but does not provide application timelines, detailed procedures, or a cost estimate.
  • It is unclear how many people could qualify, and the bill does not require reducing other immigrant-visa numbers to account for these grants.
  • The Secretary may authorize work before 180 days, but the bill does not set criteria for that decision.
  • Court review would be limited, although constitutional claims and questions of law could still be reviewed.