SECURE Act

This bill creates a clear path to a green card for people from countries the U.S. has labeled unsafe, who have Temporary Protected Status (TPS), had it before, qualified for it at the last designation, or were covered by Deferred Enforced Departure (DED) after September 28, 2016. To qualify, most applicants must have lived in the U.S. for at least 3 years, pass background checks, and meet other rules. Short trips totaling up to 180 days do not break the “continuous” presence requirement. People removed after September 28, 2016 can apply from outside the U.S. if they previously met the criteria. While an application is pending, applicants can get work permits and protection from removal, and they may apply for advance parole to travel. There is no yearly visa cap for these green cards. Fees can be up to $1,440, with waivers for minors, very low-income applicants, those in foster care, or people with serious disabilities. Some family members can also apply, with special rules for adult children.

• Who is affected: Nationals from TPS-designated countries and some people covered by DED after 9/28/2016, plus certain spouses, partners, and children.
• What changes: Eligible people can apply for a green card; removal is paused during the process; work permits are available; travel on advance parole is allowed; and annual green card caps do not apply here.
• Key requirements: Usually 3 years of continuous U.S. presence (short trips up to 180 days allowed), background checks, and an application fee up to $1,440 unless waived. Some who were removed after 9/28/2016 can apply from abroad.
• Family: Spouses, partners, and children may adjust too; adult children must show 1 year of U.S. presence, with short trips up to 180 days allowed. Some inadmissibility grounds are waived for these family applications.