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The scope of this proclamation is really weird. It applies only to people who are currently US citizens or lawful permanent residents, minus any who were non-ci
by jkaplowitz 4y ago
The scope of this proclamation is really weird. It applies only to people who are currently US citizens or lawful permanent residents, minus any who were non-citizens not lawfully present in the US at the time of their offense.
To give two examples of how weird this scope is: (1) If someone was convicted of the offense a few years ago when they were a US citizen but has since moved abroad and renounced their US citizenship, the renunciation would prevent this pardon from applying to them. But, (2) if someone committed the offense while overstaying tourist status and had that all waived and forgiven for immigration purposes through the options that are available when marrying a US citizen, the criminal record would remain unpardoned even if they are now a citizen.
Do we know why Biden set these parameters, and if there's a chance it might get broadened to more reasonable boundaries?
- jen20 4y agoI suspect that anyone who had overstayed a tourist visa would not have been able to become a citizen anyway in case 2.
- niij 4y agoThe law does allow for adjustment of status to Permanent Residency (and subsequently citizenship) for Immediate Family members of US Citizens/PR. IANAL
- jkaplowitz 4y agoImmediate family of US citizens only, not of PRs.
- jkaplowitz 4y agoThere are exceptions to that, especially for immediate family of US citizens.
- gedy 4y agoAs others stated it's to avoid letting smugglers free who were likely working for Mexican cartels. In many cases they were only able to be charged with possession.