With a vote coming up in the Senate, one of the hot topics
in Washington is immigration reform.
While passage of immigration reform is by no means guaranteed, even critics
of current reform bill, such as Rush Limbaugh, believe that passage in the Senate is likely. It is prudent, therefore, to prepare for the
passage of immigration reform, and in particular the creation of a new
immigration benefit, Registered Provisional Immigrant.
Under the current bill (click here for the text of the Senate bill, S. 744), Registered Provisional Immigrant, or
RPI, status can be granted to those who are already present in the country
illegally.
The current qualificationsfor RPI status are that the applicant:
- have been present on or before December 31, 2011;
- have continuous physical presence in the United States since December 31, 2011;
- pay a $500 fine along with the filing fee for the application;
- pay all taxes due;
- not have been convicted of an aggravated felon as defined by U.S. immigration law, any other felony, three of more misdemeanors, an offense in a foreign country that would otherwise render the applicant inadmissible under U.S. immigration law, or unlawful voting;
- is not a threat to national security;
- does not have a communicable disease such as tuberculosis;
- is of good moral character.
Dependent spouses and children of the applicant may also be
eligible.
While the bill has not passed, potential applicants would be
prudent to start collecting documentation necessary to prove eligibility. This is of particular importance because the
bill contains a deadline of one year from the date of the publication of the
application procedures in the Federal Register in order to make the
application.
What documents are you likely to need? At this time, there is no definitive
list. However, using other programs as a
guide, certain requirements can be expected:
- Proof of identity: birth certificates, passports, documento unico de indentidad (DUI)
- Proof of physical presence: official mail such as utility bills, tax records, school records, church records, leases, marriage certificates (if married in the United States), birth certificates of children born in the United States
- Proof of taxes paid: tax returns, W-2 forms, 1099 forms, employment records
- Criminal issues: criminal background reports from your local police, criminal background reports from the FBI, criminal background reports from your home country, certified copies of all judgments and proof of completion of sentence (including any proof of payment of fines, fees or restitution)
- Good moral character: letters from friends, relatives, employers, religious leaders
Those who qualify for RPI status will be eligible to apply
for full permanent residency after 10 years.
By: William J. Kovatch, Jr.
(703) 837-8832
