Legalization of undocumented persons in U.S. prior to December 31, 2011

 

Eligibility:

¨ Continuous physical presence since December 31, 2011 (brief trips after December 31, 2011 are excepted)

¨ Derivative spouses and unmarried children are also eligible if physically present when principal granted and present on December 30, 2012

¨ Can apply for Registered Provision Immigrant (RPI) status from outside the U.S. if physically present in U.S. prior to December 31, 2011, were deported for non-criminal reason, and have USC or LPR spouse or child

¨ Current removal proceedings or reinstatement does not bar eligibility

¨ Public charge, labor certification and documentation requirements grounds of inadmissibility do not apply

¨ Unlawful entry, stowaways, misrepresentation and other grounds of inadmissibility do not apply unless inadmissible conduct after statute enacted

¨ Failure to attend removal proceeding or prior removal grounds of inadmissibility do not apply unless after date of registration

 

Ineligibility:

¨ If convicted of three misdemeanors or one felony, aggravated felony, voted unlawfully, national security, or health-related grounds-minor traffic offenses expected AND conviction does not include an expungement

¨ If LPR, refugee, valid non-immigrant status-TPS status excepted

¨ Subject to grounds of inadmissibility not specifically exempted, but waivers available non-criminal, non-security related grounds of inadmissibility based on humanitarian concerns, family unity, public interest

 

Benefits:

¨ RPI status allows for protection from deportation, detention, work authorization, travel

¨ No accrual of unlawful presence

¨ Six years of RPI status and extension

 

Application Process:

¨ Application period will be for one year after final regulation (possible 18 month extension)

¨ Pay filing fee, $500 penalty, and accessed taxes

¨ Application may be filed by family unit

¨ Filing fee required for those 16 years old and over

¨ Biometrics and biographic form required

¨ Interview possible

 

Review of Denial or Revocation:

¨ If denied or revoked, one administrative appeal at newly created appellate agency

¨ Federal district court review available

¨ If in removal proceedings, circuit court of appeals review with order of removal

 

Extension:

¨ RPI status renewable for an additional 6 year period upon payment of filing fee, $500 penalty, remains eligible, and maintenance of regular employment

 

Adjustment to LPR status after 10 years

¨ Conditioned on clearing of current family-based backlog and enforcement triggers

¨ Demonstrate continuous residence, payment of taxes, regular employment in U.S. or poverty guidelines income, knowledge of English and civics, remains eligible for RPI (no denial or revocation)

¨ Payment of filing fee and $1000 penalty

¨ Waivers granted for PRI status continue to apply to some grounds of inadmissibility for LPR status

Legalizing Undocumented Immigrants

Legalization: The bill creates a legalization program for qualified undocumented immigrants (and their spouses and children):

• Those who qualify would receive a conditional nonimmigrant visa which is valid for six years. This visa allows legalized immigrants with work and travel authorization and protection from removal.

• To qualify, an applicant must:

  • Establish they have been in the U.S. illegally before December 15, 2009.

  • Attest to having made contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances).

  • Pay an application fee and a $500 fine.

  • Not have any convictions for a felony or for three or more misdemeanors.

• Certain immigrants who are in removal proceedings, facing removal, or ordered to depart voluntarily would be able to apply for legalization.

• All bars related to undocumented status — such as using a false Social Security number — will be waived (but security and criminal bars cannot be waived).

Adjustment of Status to LPR: Qualified conditional nonimmigrants and their spouses and children will be able to apply for lawful permanent resident status (green card) and eventual citizenship. The bill:

• Assures that no green cards may be issued under this program earlier than six years after the date of enactment unless existing immigrant backlogs have been cleared before that time.

• Provides that immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status shall not be counted against the worldwide numerical visa caps.