IMMIGRATION IMMIGRATION REFORM 2013REFORM 2013

SENATE’S PROPOSED LEGISLATION SPRING 2013

by Ann Marie Dooley, AttorneyMcKINNEY PERRY COALTER

Border Security, Economic Border Security, Economic Opportunity, and Opportunity, and

Immigration Modernization Immigration Modernization ActAct

Title I - Border SecurityTitle II - Immigrant VisasTitle III - Interior EnforcementTitle IV - Reforms to Nonimmigrant Visa Programs

Border Security Border Security (Triggers)(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 Border Security (Triggers)(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 VISASIMMIGRANT VISASRegistered Provisional Immigrant Status (RPI)The Development, Relief, and Education for Alien Minors (DREAM) ActEarned Status Adjustment of Agricultural Workers - Blue Card StatusFuture Immigration - Family-based, Employment-based, and Merit-based

RPI ELIGIBILITYRPI ELIGIBILITYPhysical 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 votingMany 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 CONTINUEDRPI ELIGIBILITY CONTINUEDDACA Recipients eligible for RPI after renewed security checksSpouses 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 RPI APPLICATION PROCEDURESPROCEDURES

Must submit completed application during the application period and pay filing fee + $1000 penaltyRequires satisfaction of federal tax liabilities before filingIndividuals in removal proceedings or who have final orders are eligible for RPIIndividuals 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 STATUSDURATION OF STATUSRPI valid for 6 years unless revokedMay 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 STATUSBENEFITS OF RPI STATUSCan travel outside the US for up to 180 days in a calendar yearAuthorized to work in the USEligible for Social Security card & drivers licenseEligible to enlist in the military

RPI ADJUSTMENT RPI ADJUSTMENT OF STATUSOF STATUS

RPIs are NOT eligible to apply for LPR status until visa backlog eliminatedMust have maintained RPI status and eligibilityMust pay $1000 penalty if over 21 years old on April 16, 2013* Must have file and paid federal taxes during RPI statusMust have worked or attended school full-time continuously during RPI period Applicants over 16 must meet English/civics requirement used for naturalization

THE DREAM ACTTHE DREAM ACTEligible to apply for LPR status after 5 years in RPI statusEntered U.S. before age of 16Earned high school diploma or GEDEarned 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 STATUSADJUSTMENT OF STATUSPeople already in the “Line”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 relativesAllows retention of earliest priority date based on any petition filed, regardless of the category of subsequent petitions; Clears the remaining backlog within 10 yearsRecaptures previously unused visas

CHANGES IN FAMILYCHANGES IN FAMILYVISA CATEGORIESVISA CATEGORIES

Keeps visa categories for unmarried children over 21 of U.S. citizens and lawful permanent residentsLimits 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. citizensAllows stepchildren to be sponsored if under the age of 21 (changed from 18)

NEW MERIT-BASED NEW MERIT-BASED POINT SYSTEM 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 1Allows recapture of unused visasadjusts number of visas available based on number of visa applicants in previous year

OTHER CHANGES ...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 workersAgricultural 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??? QUESTIONS???