Legalization of undocumented persons in U.S. prior to December 31, 2011
¨ Continuous physical presence since December 31, 2011 (brief trips after December 31, 2011 are excepted)
¨ Derivative spouses and unmarried children are also eligible if physically present when principal granted and present on December 30, 2012
¨ Can apply for Registered Provision Immigrant (RPI) status from outside the U.S. if physically present in U.S. prior to December 31, 2011, were deported for non-criminal reason, and have USC or LPR spouse or child
¨ Current removal proceedings or reinstatement does not bar eligibility
¨ Public charge, labor certification and documentation requirements grounds of inadmissibility do not apply
¨ Unlawful entry, stowaways, misrepresentation and other grounds of inadmissibility do not apply unless inadmissible conduct after statute enacted
¨ Failure to attend removal proceeding or prior removal grounds of inadmissibility do not apply unless after date of registration
¨ If convicted of three misdemeanors or one felony, aggravated felony, voted unlawfully, national security, or health-related grounds-minor traffic offenses expected AND conviction does not include an expungement
¨ If LPR, refugee, valid non-immigrant status-TPS status excepted
¨ Subject to grounds of inadmissibility not specifically exempted, but waivers available non-criminal, non-security related grounds of inadmissibility based on humanitarian concerns, family unity, public interest
¨ RPI status allows for protection from deportation, detention, work authorization, travel
¨ No accrual of unlawful presence
¨ Six years of RPI status and extension
¨ Application period will be for one year after final regulation (possible 18 month extension)
¨ Pay filing fee, $500 penalty, and accessed taxes
¨ Application may be filed by family unit
¨ Filing fee required for those 16 years old and over
¨ Biometrics and biographic form required
¨ Interview possible
Review of Denial or Revocation:
¨ If denied or revoked, one administrative appeal at newly created appellate agency
¨ Federal district court review available
¨ If in removal proceedings, circuit court of appeals review with order of removal
¨ RPI status renewable for an additional 6 year period upon payment of filing fee, $500 penalty, remains eligible, and maintenance of regular employment
Adjustment to LPR status after 10 years
¨ Conditioned on clearing of current family-based backlog and enforcement triggers
¨ Demonstrate continuous residence, payment of taxes, regular employment in U.S. or poverty guidelines income, knowledge of English and civics, remains eligible for RPI (no denial or revocation)
¨ Payment of filing fee and $1000 penalty
¨ Waivers granted for PRI status continue to apply to some grounds of inadmissibility for LPR status
Legalizing Undocumented Immigrants
Those who qualify would receive a conditional nonimmigrant visa which is valid for six years. This visa allows legalized immigrants with work and travel authorization and protection from removal.
To qualify, an applicant must:
Establish they have been in the U.S. illegally before December 15, 2009.
Attest to having made contributions to the U.S. through employment, education, military service, or other volunteer/community service (with exemptions for minors, persons with disabilities, the elderly, or other unusual circumstances).
Pay an application fee and a $500 fine.
Not have any convictions for a felony or for three or more misdemeanors.
Certain immigrants who are in removal proceedings, facing removal, or ordered to depart voluntarily would be able to apply for legalization.
All bars related to undocumented status — such as using a false Social Security number — will be waived (but security and criminal bars cannot be waived).
Adjustment of Status to LPR: Qualified conditional nonimmigrants and their spouses and children will be able to apply for lawful permanent resident status (green card) and eventual citizenship. The bill:
Assures that no green cards may be issued under this program earlier than six years after the date of enactment unless existing immigrant backlogs have been cleared before that time.
Provides that immigrants who adjust from a conditional nonimmigrant visa (including dependents) to lawful permanent resident status shall not be counted against the worldwide numerical visa caps.