The Immigration Reform Bill Introduced in Senate

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.

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The materials contained in this website serve informational purposes only and are not legal advice.