Legalization and Legal ImmigrationI.Adjustment of Status to Registered Provisional Immigrant Status
•
Individuals in unlawful status may apply to adjust their status to the legal status of RegisteredProvisional Immigrant Status.
•
Eligibility Criteria:
•
Residence in the United States prior to December 31, 2011 and maintenance of continuous physical presence since then.
4
•
Paid 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.
•
Ineligible if:
o
Convicted of an aggravated felony;
o
Convicted of a felony;
o
Convicted of 3 or more misdemeanors;
o
Convicted of an offense under foreign law;
o
Unlawfully Voted; and
o
Inadmissible for Criminal, National Security, Public Health, or other moralitygrounds.
•
Spouses and children of people in RPI status can be petitioned for as derivatives of the principal applicant (but must be in the United States at the time).
•
Immigrants in RPI status can work for any employer and travel outside of the United States
•
Individuals outside of the United States who were previously here before December 31, 2011and were deported for non-criminal reasons can apply to re-enter the United States in RPIstatus if they are the spouse, of or parent of a child who is, United States citizen or lawful permanent resident; or are a childhood arrival who is eligible for the DREAM Act.
•
The Application period will be for 1 year with the possibility of extension by the Secretaryfor an additional 1 year.
•
Individuals with removal orders will be permitted to apply as will aliens currently in removal proceedings.
•
RPI status shall last for a 6-year term that is renewable if the immigrant does not commit anyacts that would render the alien deportable. Another $500 penalty fee is applicable at thistime.
•
The Secretary may collect a processing fee from individuals who register for RPI status in anamount that is sufficient to recover all of the costs of implementing the registration program.
•
An individual who has been granted RPI status is not eligible for any Federal means-tested public benefit (as such term is defined in section 403 of the Personal Responsibility andWork Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).
•
An individual who adjusts from registered provisional immigrant status to lawful permanentresidence shall be deemed, as of the date of such adjustment, to have completed the five-year period specified in 8 USC 1612 and 1613.
5
•
A noncitizen granted registered provisional immigrant status under this section shall beconsidered lawfully present in the United States for all purposes, while such noncitizenremains in such status, except that the noncitizen
o
is not entitled to the premium assistance tax credit authorized under section 36Bof the Internal Revenue Code of 1986; and
o
shall be subject to the rules applicable to individuals not lawfully present that areset forth in section 1402(e) of the Patient Protection and Affordable Care Act (42U.S.C. 18071).
•
After 10 years, aliens in RPI status may adjust to Lawful Permanent Resident Status throughthe same Merit Based System everyone else must use to earn a green card (described below)if the following things have occurred:
o
The alien maintained continuous physical presence
o
They paid all taxes owed during the period that they are in status as an RPI
o
They worked in the United States regularly;
o
And demonstrated knowledge of Civics and English
o
All people currently waiting for family and employment green cards as of the date of enactment have had their priority date become current.
o
A $1,000 penalty fee is rendered
•
People in DREAM Act Status and the Agricultural Program can get their green cards in 5years and DREAM Act kids will be eligible for citizenship immediately after they get their green cards.
|