Understanding the RAC Act

What is the RAC Act?

The RAC Act was introduced to Congress as a plan to help reform current immigrant law. Introduced in March 2017 by Rep. Carlos Curbelo, the RAC Act can, under certain circumstances, authorize the Department of Homeland Security to cancel the removal of illegal immigrants for an initial five-year period.

What are the Requirements of the RAC Act?

The RAC Act can help immigrants gain citizenship, but has more stringent requirements. It also requires that the individual make a greater commitment to their goal of citizenship.  An alien will have to make a longer commitment to higher education, enroll in the military, or remain gainfully employment for a longer period of time.  To utilize this program, the immigrant must have:

  • Come here before they were 16 years old, and
  • Must have lived in the United States since 2012.

If over the age of 18, the alien can apply for a conditional permanent resident status for five years.  This option is only available to those who have received a high school diploma or certificate.  They also must be admitted to a college, as well as have authorization to work in the United States. An immigrant may extend his or her status for five more years if:

  • the immigrant graduates from college,
  • spends at least three years in the military, or
  • is gainfully employed for at least four years,

Subsequently, if the extension is granted, the immigrant may be able to apply for lawful permanent resident and then, eventually, citizenship.

If you have questions about your immigrant status, or have any questions about your rights as an immigrant in the United Stated, you should consult with an experienced attorney.

The Law Offices of Cheryl R. David practices immigration law throughout NYC. If you have questions about your particular matters regarding immigration please contact the office to discuss your circumstances and options.