IMMIGRATION
REFORM 2013
SENATE’S PROPOSED
LEGISLATION SPRING 2013
by Ann Marie Dooley, Attorney
McKINNEY PERRY COALTER
Border Security, Economic
Opportunity, and Immigration
Modernization Act
Title I - Border Security
Title II - Immigrant Visas
Title III - Interior Enforcement
Title IV - Reforms to Nonimmigrant
Visa Programs
Border Security (Triggers)
Prior to processing
applications for RPI, DHS
Secretary must submit
Notice of Commencement of
implementation of:
• Comprehensive Southern
Border Strategy
• Southern Border Fencing
Strategy
Border Security (Triggers)
Prior to processing applications for RPIs to adjust status
(apply for green cards),DHS Secretary must submit to
President and Congress a written certification of:
• Comprehensive Southern Border Security Strategy has been
submitted to Congress & is substantially deployed & operational;
• Southern Border Fencing Strategy has been submitted to
Congress, implemented, and substantially completed;
• E-verify implemented and used by all employers;
• Electronic exit system at air & sea ports of entry to collect visa and
passport information
IMMIGRANT VISAS
Registered Provisional Immigrant Status
(RPI)
The Development, Relief, and Education
for Alien Minors (DREAM) Act
Earned Status Adjustment of Agricultural
Workers - Blue Card Status
Future Immigration - Family-based,
Employment-based, and Merit-based
RPI ELIGIBILITY
Physical Presence: Must have been in US on or before
December 31, 2011 and remain in US until RPI status
granted*
Criminal Bars: Any felony or 3 or more misdemeanors*
(other than traffic or state immigration misdemeanors) and
unlawful voting
Many of the inadmissibility bars do NOT apply - including
3/10 year unlawful presence bars and permanent bar.
Fraud bar does not apply UNLESS fraud occurs after date
of enactment. Terrorism/national security bars apply.
Status Bars: Not eligible if applicant in lawful status at time
Bill introduced in Senate (April 16, 2013)
RPI ELIGIBILITY CONTINUED
DACA Recipients eligible for RPI after renewed
security checks
Spouses and children of an RPI may apply for RPI
status as Dependents if:
• physically present in US on date RPI status
granted;
• were physically present in US on or before
December 31, 2012;
• meet all other eligibility requirements other than
physical presence on December 31, 2011
RPI APPLICATION
PROCEDURES
Must submit completed application during the
application period and pay filing fee + $1000 penalty
Requires satisfaction of federal tax liabilities before
filing
Individuals in removal proceedings or who have final
orders are eligible for RPI
Individuals outside the US who were deported or
took voluntary departure may be able to apply for
RPI if they qualify for a waiver
DURATION OF STATUS
RPI valid for 6 years unless revoked
May be extended for additional 6 years if:
• Continue to meet requirements
• Paid all tax liability
• Maintained regular employment and not
likely to become public charge*
BENEFITS OF RPI STATUS
Can travel outside the US for up to
180 days in a calendar year
Authorized to work in the US
Eligible for Social Security card &
drivers license
Eligible to enlist in the military
RPI ADJUSTMENT
OF STATUS
RPIs are NOT eligible to apply for LPR status until visa
backlog eliminated
Must have maintained RPI status and eligibility
Must pay $1000 penalty if over 21 years old on April 16,
2013*
Must have file and paid federal taxes during RPI status
Must have worked or attended school full-time
continuously during RPI period
Applicants over 16 must meet English/civics requirement
used for naturalization
THE DREAM ACT
Eligible to apply for LPR status after 5 years in RPI
status
Entered U.S. before age of 16
Earned high school diploma or GED
Earned degree from college or university or completed 2
years of a bachelor’s program or served 4 years in
military (with honorable discharge)
Must pass English/civics test (disability waiver available)
Upon approval, immediately eligible to apply for
citizenship
ADJUSTMENT OF STATUS
People already in the “Line”
Spouses and minor children of lawful permanent residents
are immediate relatives (i.e. no longer have to wait in line)
Allows derivatives (spouse and children) for immediate
relatives
Allows retention of earliest priority date based on any
petition filed, regardless of the category of subsequent
petitions;
Clears the remaining backlog within 10 years
Recaptures previously unused visas
CHANGES IN FAMILY
VISA CATEGORIES
Keeps visa categories for unmarried children over
21 of U.S. citizens and lawful permanent residents
Limits visas available for married children of U.S.
citizens to those 31 years of age or younger (at time
of filing)
Eliminates visa category for brothers and sisters of
U.S. citizens
Allows stepchildren to be sponsored if under the age
of 21 (changed from 18)
NEW MERIT-BASED
POINT SYSTEM
Points awarded based on factors such as education, length
and type of employment, family members in the U.S., and
length of residence in the U.S.
Diversity visa lottery eliminated, but country of origin a factor
under merit-based system.
RPIs and Individuals with a pending or approved visa
petition in another immigrant category are not eligible to
apply under Merit-based Track 1
Allows recapture of unused visas
adjusts number of visas available based on number of visa
applicants in previous year
OTHER CHANGES ...
Mandatory Enhanced E-Verify for all employers
over a 5 year period (includes security features
that will “lock” SS numbers)
Reforms to H-1B program
Creates a W-Visa Program for lower-skilled
workers
Agricultural Job Opportunity, Benefits, and
Security Act (AgJOBS) - certain farm workers
eligible for “Blue Card” status. Eligible to apply
for green cards after 5 years in BC status.
QUESTIONS???