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
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
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.
- 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
- 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
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)
Individuals in RPI status can travel outside of the United States
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
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.
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.