The Senate Immigration Bill proposing Immigration Reform was introduced to the Senate on April 16, 2013. While it is still in its preliminary stage, the bill seems to have a good chance of being enacted into permanent law. Keeping in mind that the bill must be considered by both the Senate and the House of Representatives and eventually signed into law by the President, here is a list of the key provisions for the immigrant Registered Provisional Immigrant Status:
Registered Provisional Immigrant Status
Individuals in unlawful status may apply to adjust their status to the legal status of Registered Provisional Immigrant Status or RPI. An individual granted RPI status will be considered as lawfully present in the United States for most purposes.
Who Can Apply:
Any individual in unlawful status may apply for RPI status, including those who have removal orders and those who are currently in removal proceedings.
Basic Requirements:
- Residence in the United States prior to December 31, 2011 and maintenance of continuous physical presence since this date.
- $500 penalty fee
- Applicable fees required to pay for the cost of processing application to be determined
- Assessed taxes
Ineligibility:
- Individual who would otherwise qualify for RPI status will be ineligible if:
- Convicted of an aggravated felony
- Convicted of a felony
- Convicted of 3 or more misdemeanors
- Convicted of an offense under foreign law
- Unlawfully voted
- Inadmissible for Criminal, National Security, Public health or other morality grounds
Derivatives
Spouses and children of people in RPI status can be petitioned for as derivatives of the applicant (these derivatives must be in the US at the time)
Travel
Individuals in RPI status can travel outside of the United States
Employment
Individuals in RPI status can work for any employer
Term Length and Renewing RPI Status
RPI status shall last for a period of 6 years.
RPI status will be renewable so long as the individual DOES NOT commit any acts that would make the individual deportable.
A $500 penalty fee will need to be paid at the time of renewing RPI status.
No Federal Benefits
An individual granted RPI status will NOT be eligible for federal means-tested public benefits.
Gaining Lawful Permanent Resident Status (Green Card)
An individual who has RPI status for 10 years will be able to adjust (apply) for Lawful Permanent Residency (green card) if the individual:
- Maintained continuous presence in the United States
- Paid all taxes owed during the period that the individual was in RPI status
- Worked in the United States regularly
- Demonstrated knowledge of Civic and English
DREAM Act Status
People in DREAM Act status can get their green cards after 5 years of RPI status and will be eligible for citizenship immediately after getting their green cards.
Agricultural Program
People in the Agricultural Program can get their green cards after 5 years of RPI status.
Please keep in mind that this list is not exhaustive. These provisions are merely proposals. The provisions can be modified, approved, or denied at any time. Until comprehensive immigration reform is finalized and signed into law by President Obama, the current immigration laws apply.
If you would like to learn more about the upcoming comprehensive immigration reform, please contact our office at (562) 464-6934 to speak to one of our attorneys. Our office provides free consultations.