Section 7611 of the National Defense Authorization Act for Year 2020, also called the Liberian Refugee Immigrant Fairness (LRIF) law, authorizes a path to legal permanent residency – and ultimately, citizenship – for thousands of Liberians who have resided in the United States for years, but who have been unsure of how to fix their long-standing status. Generally, the law allows those who have been present in the United States since November 20, 2014 to adjust their status to that of a green card holder. This is a final opportunity for those whose TPS (Temporary Protective Status), DED (Deferred Enforcement Departure), OSUP (Orders of Supervision with ICE) and previously-granted Employment Authorization (EAD) have long since expired.
Basic Eligibility Requirements
Under LRIF, if
1. You are a Liberian National;
2. You have been continuously present in the United States since November 20, 2014;
3. You are not inadmissible;
4. You have NOT been convicted of an aggravated felony, two or more crimes of moral turpitude, or engaged in admissible persecution offenses; and
5. You are otherwise eligible for a visa,
AND
You file an application for a green card by December 20, 2020, then the Department of Homeland Security shall grant you a green card. This applies even if you have a previous removal order, you entered the United States unlawfully, you overstayed your previously-issued visa, and even if you have worked without authorization. Furthermore, the spouse, children and unmarried sons and daughters of eligible Liberian nationals may also apply. An applicant may file for an expedited temporary work authorization while the green card application is pending.
Once your green card is approved, you will be granted lawful permanent residency and issued a ten (10) year green card. You will be free to live, work, travel internationally without worry. The date of admission will be backdated to the date you entered the United States.
Interesting Tidbits
There are a few interesting tidbits to this law. First, Congress made sure to use the word “shall” throughout the text of the law. If a Liberian national and his or her family is eligible for a green card under LRIF, he or she must be granted a green card. Second, the law creates a whole separate adjustment category in and of itself. Unlike statutes governing adjustment for family and employees (Section 245), asylees and refugees (Section 209), and other country-specific fairness acts (Haitian, Indochinese and Cuban Adjustment Acts), LRIF has its own set of rules. Rules relating to unauthorized employment, overstay, unlawful entry (“EWI”) and court jurisdiction do not seem to apply.
Two unknown questions remain about fee waivers and naturalization. There is a good argument that eligible applicants (and their family) may request a fee waiver, since a fee waiver is allowed for green cards exempt from public charge rules. The current green card fee waiver is $1,225.00 and may save applicants and their families thousands of dollars. In addition, because the date that Liberians will be granted permanent residency is ‘backdated’ to the date he or she entered the United States, it seems the requirements for naturalization are automatically met. This is still a complex area of law, so be sure to seek legal advice once you obtain your green card.
Act Quick!
It is important to ACT quick! Liberian nationals must file their applications for a green card by December 20, 2020. Currently, the I-485 Application to Register Permanent Residency or Adjust Status takes months, sometimes years, to process. It is important to file now to preserve your eligibility!
If you or your family is eligible to obtain a green card under LRIF, call or email me today at 484-430-4810 or [email protected].