On April 16, 2013, there was a plan by the gang of eight bi-partisan Senators in charge of drafting the comprehensive immigration to release their proposed version of the immigration reform act. With the tragic bombing incident in Boston, the plan was rescheduled. A copy of the proposal titled Border Security, Economic Opportunity and Immigration Modernization Act of 2013 was released in advance. Among the many provisions contained in the draft is the Registered Provisional Immigrant status provision.
RPI for Individuals in Unlawful Status
A Registered Provisional Immigrant (RPI) status is proposed for those in unlawful status or those who have no legal documents to stay in the United States. This will affect the more than 11 million individuals who are currently in this country. The proposal provides that they may apply to adjust their status to that of Registered Provisional Immigrant Status.
There are certain criteria that must be met before applying for this RPI status. First, the cut off period is December 31, 2011. This means that those applying must have been in the United States prior to December 31, 2011 and were able to maintain continuous legal presence. They should not have been convicted of aggravated felony, an offense in their home country, unlawfully voted and inadmissibile for criminal, national security, public health and other morality grounds.
Work Authorization and Travel Permitted
Just like lawful permanent residents or green card holders, those in RPI status can work for any employer and travel outside the United States. Their spouses and children may qualify as their derivative beneficiaries as long as they are in the United States.
The status of those granted RPI is the same as those lawfully present in the United States except they are not entitled to premium assistance tax credit and the Affordable Care Act.
A fee of $500 penalty and assessed taxes per adult applicant in addition to applicable filing fees must be paid as cost for processing the application fee. The filing fees is not yet determined.
Those in Removal Proceedings May Apply for RPI
The proposal allows individuals in removal proceedings to apply for RPI status and will have their removal proceedings terminated. This will unclog the immigration court of thousands of cases if the proposal is adopted. This means that those who will remain in removal proceedings are those with criminal convictions identified as grounds for ineligibility and individuals who do not qualify for RPI status such as those who were not covered by the cut off date.
Those Ordered Removed May Return to the United States
An individual who has a removal order may be permitted to apply for RPI status. Interestingly, even those who were sent back to their homeland on orders of removal and were in the United States prior to December 31, 2011 may re-enter the United States in RPI status. The draft limits those who may return to the United States only if this individual was not deported for non-criminal reason and that they have spouses, parents or children who are U.S. citizens or green card holders. Those young immigrants who may be eligible for the DREAM Act but were sent back to their home country may also re-enter in RPI status.
Time to File
As proposed, only after 10 years from grant of RPI status, will the individual be allowed to file for their lawful permanent resident status or green card. This is the long path to citizenship which may possibly be based on a “merit based” system.
The RPI is just one of the many provisions in the draft comprehensive immigration reform. It is only a proposal by the bi-partisan senators and only if approved by Congress and signed into law by the President will those eligible individuals start applying. There is no law yet but the proposal, as is, seemed to be the long awaited opportunity for those individuals who have been unlawful status to gain legal status. If approved, there will be an application period of only one year, which may be extended for another year.
(Atty. Lourdes Tancinco is a partner at Tancinco Law Offices based in San Francisco CA and may be reached at 1 415 397 0808 or at 1 888 930 0808 or email her at law@tancinco.com. You may also visit her website at tancinco.weareph.com/old)
