The immigration reform bill was introduced on April 17, 2013
by the group of Senators known as the “Gang of Eight.”
The bill addresses various issues including: border security,
employment verification, agricultural workers program as well as path to residency. Although the bill creates a path to residency
for many undocumented immigrants and expends options for applicants on work
visas, it also restricts the U.S. Citizens’ ability to petition for married
sons and daughters and siblings.
The bill creates a path to permanent residency for
undocumented immigrants who have been physically present in the U.S. since December
31, 2011; they will be able to apply for Registered Provisional Immigrant
Status (“RPI”). Individuals with an
extensive criminal history or illegal voting record will not be able to take
advantage of this provision (the bill also provides for other grounds of
ineligibility). The applicants will be
granted the so called RPI status - valid for 6 years with an option to renew
for another 6 years. The bill calls for a filing fee of $1,000.00. After ten years in RPI status, the
immigrants will be able to apply for permanent residency commonly known as a “green
card.” Most of applicants would have to
show continuous employment during their RPI status to qualify for the
adjustment.
DACA beneficiaries could also qualify for RPI status subject
to background checks and $500.00 penalty. DACA applicants will be able to
adjust status to a green card after 5 years in RPI status. Dreamers will be able to count years in RPI
status towards naturalization; therefore, they will be able to apply for
naturalization as soon as their adjustment process is completed.
The immigration reform bill also creates a merit based visa
and point system and abolishes the visa diversity program known as “visa
lottery.” The immediate relative category
will include spouses and minor children of lawful permanent residents and allow
for derivatives. However, the F-4
category would be abolished; the U.S. Citizens would no longer be able to
petition for their brothers and sisters.
Furthermore, the ability to petition for married sons and daughters who
are 30 years or older would be eliminated.
It is important to remember, however, that the law has not
been passed yet. No applications can be
filed at this time. The immigrants who
might benefit from the proposed legislation will only be able to start the
application process when the bill becomes the law.
Contact
For questions and/or to arrange a consultation, please call (312) 238-9060 or send me an e-mail at edyta@salatalaw.net
Disclaimer
The materials contained in this website serve informational purposes only and are not legal advice.
For questions and/or to arrange a consultation, please call (312) 238-9060 or send me an e-mail at edyta@salatalaw.net
Disclaimer
The materials contained in this website serve informational purposes only and are not legal advice.
