Liberian Refugee Fairness Act - Immigration Relief for Liberians in the United States

By: The Chander Law Firm PC

Tucked within the pages of the National Defense Authorization Act of 2020 was a small immigration relief law, the Liberian Refugee Relief Act.  The act became law on December 20, 2019.  The law allows certain Liberian nationals who have lived in the United States since November 20, 2014 and their family members to become green card holders. The law was enacted after programs offering temporary relief from deportation for Liberian nationals in the United States were coming to an end.

Requirements

The law allows persons holding Liberian citizenship or passports who have been physically present in the United States since November 20, 2014 to apply for Adjustment of Status.  Adjustment of Status is a process by which a foreign national who lives in the United States can become a lawful permanent resident or green card holder.

The law also allows the spouse (wife or husband), child under 21 years, or unmarried adult son or daughter, regardless of nationality, to obtain a green card.  Applicants must file before December 20, 2020. 

Certain Grounds of Inadmissibility Waived

The law automatically waives certain grounds of inadmissibility that would prevent a person from obtaining a green card.  There are two very important grounds of inadmissibility the law waives. 

The law waives Public Charge grounds, which requires a person to prove the person has not and will not use government benefits.

The law also waives the requirement that an applicant show the person was admitted or paroled into the United States.  This means that certain people who may have entered the United States outside of a border crossing or airport can still apply.

Deportations Waived

The law also automatically waives any past order of deportation or voluntary departure.  This means that a person can apply without needing to file additional paperwork or approval of an Immigration Court.

Unlawful Presence Bar Not Waived

The unlawful presence ground of inadmissibility is a very burdensome bar that may affect some applicants.  The unlawful presence ground of inadmissibility prohibits a person from obtaining immigration status for 3 years if a person is unlawfully present for 6 months and 10 years if the person is unlawfully present for a combined period of 1 year or more. 

The unlawful presence bar is only triggered if a person leaves the United States.  If an applicant has not traveled outside of the United States since the initial entry, the bar will not apply.

Unlawful presence is only counted after April 1, 1997.  If a person traveled outside of the United States before April 1, 1997 and reentered, it will not apply.

Those persons who traveled outside the United States will need to provide proof that they held TPS, DED, or some other status consistently since April 1, 1997.

Liberians in the United States who meet the eligibility criteria for the Liberian Refugee Relief Act should apply for the program as soon as possible.  The program offers a green card and a pathway to citizenship for many who have been living in the United States on temporary authorization for a very long time.

Related Links

USCIS, Liberian Refugee Fairness Act

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