What is Registered Provisional Immigrant Status?

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.

info@kovatchimmigrationlaw.com

(703) 837-8832

Dream to Achieve: Comparison of Proposals to Address Young Undocumented Aliens

In the wake of the presidential elections, many in the Republican Party have shown a greater willingness to consider comprehensive immigration reform. In particular, many have seen a softening of the GOP's stance on immigration reform necessary in light of the overwhelming majority of Latino voters who supported President Obama.

Nonetheless, the Republicans may not be in complete uniformity on what shape comprehensive immigration reform should take.  One issue that may prove to be the most difficult to address could be what to do about the many undocumented aliens already in the country.  The issue of creating a guest worker program, with some pathway to citizenship, may complicate the drive for comprehensive reform.

In the meantime, there appears to be some agreement that young people, brought to this country as children and who have grown up as if they were Americans, deserve some form of relief.  This is on the heals of the President's Deferred Action for Childhood Arrivals program, which could grant a promise not to deport such young people who meet certain qualifications.  The program has its roots in the DREAM Act, which failed in 2010 when a Senate filibuster prevented the bill from coming up for a vote.

At least two Republicans have been working on a similar bill over the past year.  Senators Kay Bailey Hutchison and Jon Kyl, both of whom will retire in January, have been working on the Achieve Act as an alternative to the DREAM Act.  There appears to be a movement to try to bring the Achieve Act up for a vote before January.

The Achieve Act, however, has some major differences in qualifications when compared to the President's deferred action program.  If the Achieve Act were to pass, it could cause a number of people, who have applied for and already received deferred action, out in the cold as far as permanent relief is concerned.

The requirements for relief under the Achieve Act are:  (1) the applicant must have completed high-school and be admitted to college or earned a college degree, or completed high school and be enlisted in or have completed four years of military service; (2) the applicant must have entered the country before the age of 14; (3) the applicant must have lived in the U.S. continuously for five years; (4) the applicant must have not committed a felony, two misdemeanors with a jail term of over 30 days, or a crime of moral turpitude; (5) the applicant must not be subject to a final order of removal; (6) the applicant must pay a $525 fee; and (7) the applicant must be under the age of 28 (or 32 if they have a bachelor's degree from a U.S. university).

The major differences are:  (1) the deferred action program only requires that the applicant be enrolled in a U.S school, have a high school diploma, have a GED or be enrolled in classes to work toward a GED; (2) the deferred action program only requires that the applicant enter the United State before age 16; and (3) the deferred action program only requires that the applicant be under age 31 as of June 15, 2012.

With these key differences, there are several young people who would qualify under the deferred action program,  who would not qualify under the Achieve Act.  People who entered the United States after age 14, but before age 16, for example, would be out of luck under the Achieve Act.  Likewise, people who have a high school diploma, but who chose not to go on to higher education would be left out.  Finally, the cut-off age is lower for the Achieve Act.

It is unclear why the Republican proposal has stricter qualification requirements than the current deferred action program.  It may be explained by the fact that the bill was drafted before the President announced the program.  Nonetheless, equity would argue that the bill be modified to cover all of those covered by the deferred action program.  Whether that will happen, or the Republicans stick to their guns remains to be seen.

By:  William J. Kovatch, Jr.
(703) 837-8832
info@kovatchimmigrationlaw.com

Kay Bailey Hutchison, of Texas, and Jon Kyl, of Arizona

Read more: http://www.foxnews.com/politics/2012/11/16/republicans-mull-own-version-dream-act-vote-on-achieve-act-by-january/#ixzz2Cte3l3Wt

Kay Bailey Hutchison, of Texas, and Jon Kyl, of Arizona

Read more: http://www.foxnews.com/politics/2012/11/16/republicans-mull-own-version-dream-act-vote-on-achieve-act-by-january/#ixzz2Cte3l3Wt