A pathway to citizenship
One of the most exciting immigration reforms addressed in the bill allows for a path to citizenship for the 11 million undocumented immigrants who are currently living in the U.S. The bill proposes to allow unauthorized immigrants who were in the U.S. before December 31, 2011 to apply for temporary legal status known as Registered Provisional Immigrant (“RPI) Status.
Besides granting a legal status to millions of undocumented immigrants, RPI status would allow millions to legally work in the U.S. and freely travel outside of the U.S. Another benefit is that spouses and children of people in RPI status can be petitioned for as derivatives of the principal applicant (although they must be in the United States at the time).
After 10 years of being in RPI status, these individuals will then be eligible to apply for a green card, provided that certain goals for border apprehensions and other security measures are met by the U.S. government. After another three years, these immigrants could petition for citizenship and finally be recognized as a U.S. Citizen.
Requirements to obtain RPI status
It is important to note that if the proposed bill becomes enacted, in order to qualify for RPI status, you must have resided in the U.S. prior to December 31, 2011, and maintained continuous physical presence since then. In addition, you will be required to pay a $500 penalty fee (except for DREAM Act eligible students) and assessed taxes, per adult applicant in addition to all applicable fees required to pay for the cost of processing the application.
In addition, you will be ineligible if you:
- have been convicted of an aggravated felony;
- have been convicted of a felony;
- have been convicted of 3 or more misdemeanors;
- have been convicted of an offense under foreign law;
- have unlawfully voted; or
- are inadmissible for Criminal, National Security, Public Health, or other morality grounds.
Re-entry for non-criminal deportations
The proposed bill also asserts that individuals outside of the United States who were previously here before December 31, 2011 can apply to re-enter the United States in RPI status if:
- they were deported for non-criminal reasons;
- they are the spouse or parent of either a U.S. Citizen or lawful permanent resident; or
- they are a childhood arrival who meets the qualifications of the DREAM Act.
If approved, the application period will be for 1 year with the possibility of extension by the Secretary for an additional 1 year. In addition, individuals with removal orders will be permitted to apply as will those who are currently in removal proceedings. If enacted, RPI status will be valid for a 6-year term that is renewable if the immigrant does not commit any acts that would render them deportable. After the 6 years, another $500 penalty fee will be required.
It is important to note that an individual who has been granted RPI status is not eligible for any federal means-based public benefit (as such term is defined in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
Next steps for immigration reform
The Senate Judiciary Committee will hold hearings on the bill beginning Friday and make any necessary amendments based on feedback. A Senate vote on the bill is expected to occur in May, if not later.
If approved, the bill will then move to the Republican-controlled House of Representatives who will have the opportunity to amend and vote on the proposed bill.
Although this is only the beginning of a long road to the enactment of new immigration legislation, the potential opportunity for millions of undocumented immigrants to be able to apply for a legal status and eventually citizenship is very exciting! In the months to come, we will provide additional information on the proposed bill.
If you have any questions about your legal status, or are interested in finding out how this proposed immigration reform bill might affect you in the future, please contact us or connect with us on Facebook and Twitter.
