The "Venezuelan Adjustment Act" allows eligible Venezuelan nationals who have been in the U.S. since December 31, 2021, to apply for lawful permanent resident status, offering a pathway to legal residency while outlining specific eligibility criteria and exceptions.
Darren Soto
Representative
FL-9
The Venezuelan Adjustment Act allows eligible Venezuelan nationals who have been in the U.S. since December 31, 2021, to apply for lawful permanent resident status, providing a pathway to citizenship for those who meet specific requirements and pass background checks. Certain grounds for inadmissibility will not apply when determining an alien's admissibility. The Department of Homeland Security will oversee the application process, with decisions not subject to court review except for constitutional claims or questions of law. This adjustment of status does not reduce the number of immigrant visas available under existing immigration laws.
Venezuelan Adjustment Act Offers Path to Green Cards for Venezuelans Arriving Before 2022
The "Venezuelan Adjustment Act" is pretty straightforward: If you're a Venezuelan national who made it to the U.S. on or before December 31, 2021, and you've mostly stayed put here, you could be eligible to apply for a green card. This isn't some instant citizenship deal – it's about getting legal permanent resident status, which means you can live and work here legally. The application window is three years from when the Act is enacted.
Making it Official
This bill lays out the rules for Venezuelans to go from possibly temporary or undocumented status to becoming lawful permanent residents. To qualify, you need to have entered the U.S. by the end of 2021, been physically present in the country for at least a year when you apply, and generally be admissible under U.S. law. This means passing background checks – no aggravated felonies or serious crimes. Short trips outside the U.S. (totaling less than 180 days) won't disqualify you. Think of it like this: If you've been working construction in Orlando since 2020, and you've kept your nose clean, you're likely in the running.
Real-World Rollout
This bill isn't just about paperwork. It means real changes for people. For instance, if you're a Venezuelan nurse who arrived in 2021, and you've been working under the table, this could be your chance to get officially recognized and work legally in your profession. Even if you're facing a deportation order, this bill lets you apply without having to separately fight the deportation case. If your green card application is approved, that old order is canceled (SEC. 2). If it's denied, the order stands. The Secretary of Homeland Security has to set up a system to pause those deportation orders while applications are being processed, and they must authorize you to work if your application is pending for more than 180 days without a decision (SEC. 2).
The Bigger Picture
This Act fits into the larger framework of U.S. immigration law, but it's specifically tailored for Venezuelans. It doesn't mess with the total number of immigrant visas available – it's a specific pathway for a specific group. The Secretary of Homeland Security gets a lot of say in how this is implemented, from setting up the application process to deciding on individual cases. While most decisions are final, you can still challenge them in court if you believe your constitutional rights were violated or there was a legal error (SEC. 2). It's a targeted approach, designed to address the specific situation of Venezuelans who've sought refuge in the U.S. during a specific timeframe, reflecting both humanitarian concerns and practical considerations for those already living and working here.