Thursday, July 16, 2009

Family Security Matters » Publications » The WELCOME Act – Helping to Welcome Legal Immigrants to America

Family Security Matters » Publications » The WELCOME Act – Helping to Welcome Legal Immigrants to America

Editors note: The following is a copy of a bill being sent around Congress by Rep. Lamar Smith (R-TX), asking representatives to co-sponsor it. Called The Welcome Act – Working to Ensure a Legacy of Citizenship with the Objective of Mastering English – the act takes a number of steps to assist legal immigrants
, including providing funds to help legal aliens who want to become citizens to learn English through accredited programs, and a refund program for important immigration applications such as naturalization applications, adjustment of status applications, and petitions for family and employer-based green cards.


111TH CONGRESS
1ST SESSION H. R.

To require the Secretary of Homeland Security to refund to certain immigration and naturalization benefit applicants and petitioners fees collected in excess of those required on July 29, 2007, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

Mr. SMITH of Texas introduced the following bill; which was referred to the Committee on ________.

A BILL

To require the Secretary of Homeland Security to refund to certain immigration and naturalization benefit applicants and petitioners fees collected in excess of those required on July 29, 2007, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as—

(1) the ‘‘Working to Ensure a Legacy of Citizenship with the Objective of Mastering
English Act”; or

(2) the ‘‘WELCOME Act’’

SEC. 2. REFUND OF CERTAIN IMMIGRATION AND NATURALIZATION FEES.
IN GENERAL.

(a) In the case of an individual described in subsection (b)(1), the Secretary of Homeland Security shall refund to the individual, upon initial adjudication of the application or petition, the difference between—
(1) the amount of the fees paid by the individual to the Secretary with respect the
application or petition, including fees for capturing and processing biometric
information; and
(2) the amount of such fees that the individual would have been required to pay if the
individual had submitted the application or petition before July 30, 2007.
(b) ALIENS DESCRIBED.—
(1) IN GENERAL.—An individual is described in this paragraph if—
(A) the individual submitted a petition or application described in paragraph (2);
and
(B) the petition or application was not, or has not been, adjudicated within 5
months of such submission, excluding any periods of time during which the
Secretary was waiting for action by the individual or by another Federal
agency.
(2) PETITIONS AND APPLICATIONS.—A petition or application described in this
paragraph is one of the following:
(A) An application for naturalization.
(B) An application to adjust status to permanent resident.
(C) An immigrant petition for an alien worker.
(D) A petition for an alien relative.
(E) An immigrant petition by an alien entrepreneur.
(F) A petition to classify an orphan as an immediate relative.
(G) An application for advance processing of an orphan petition.
(c) EFFECTIVE DATE; APPLICABILITY.—This section shall take effect on the date
of the enactment of this Act and shall apply to petitions and applications submitted
on or after July 30, 2007, and pending on or after the date of the enactment of this
Act.

SEC. 3. GRANTS TO ASSIST NATURALIZATION APPLICANTS.

(a) IN GENERAL.—The Chief of the Office of Citizenship of the Department of
Homeland Security (referred to in this section as the ‘‘Chief’’) shall establish a grant
program to provide grants in an amount not to exceed $500 to assist aliens lawfully
admitted to the United States for permanent residence who declare an intent to apply
for United States citizenship to meet the requirements under section 312(a)(1) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)(1)).
(b) USE OF FUNDS.—Grant funds awarded under this section shall be paid directly to
an accredited institution of higher education or other qualified educational
institution (as determined by the Chief) for tuition, fees, books, and other
educational resources required by a course related to the purpose described in
subsection (a) in which the lawful permanent resident is enrolled.
(c) APPLICATION.—A lawful permanent resident desiring a grant under this section
shall submit an application to the Chief at such time, in such manner, and
accompanied by such information as the Chief may reasonably require.
(d) PRIORITY.—If insufficient funds are available to award grants to all qualified
applicants, the Chief shall give priority based on the financial need of the
applicants.
(e) NOTICE.—The Secretary of Homeland Security, upon relevant registration of a
lawful permanent resident with the Department of Homeland Security, shall notify
such lawful permanent resident of the availability of grants under this section for
lawful permanent residents who declare an intent to apply for United States
citizenship.

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