In my "Consulta Migratoria" column this week published online by several impreMedia publications including LaOpinión.com, I answer several questions about the new comprehensive immigration reform bill.
Here is my column:
Last week a group of senators known as the "Gang of 8" - four Democrats and four Republicans - introduced an immigration reform bill. The bill, whose title translates into Spanish as "Border Security, Economic Opportunity, and Immigration Modernization Act" (S. 744), has raised much hope among the millions of undocumented immigrants who wish to legalize their status. But it has also raised many questions.
The proposal is 844 pages long and is a very complex document. In order to clarify some doubts, this week I answer some questions from readers about the immigration reform proposal.
Remember that for the moment, it is only a bill. It must still be passed by Congress and signed by President Obama before it becomes law and goes into effect. Therefore, the answers I offer are based on the content of the bill and not on individual cases.
Please consult with an immigration attorney for personalized legal advice before beginning any proceedings.
In the news they keep saying that immigration reform will legalize more than 11 million undocumented immigrants in the U.S. Will we all qualify if the law passes? --Henry C.
Henry, not everyone will be eligible for immigration reform or receive permanent residency immediately. Under the bill, eligible undocumented immigrants will be able to obtain Registered Provisional Immigrant Status (RPI).
After meeting all the requirements, people with RPI status may be able to obtain permanent residency in the United States. But this will take more than 10 years, unless the person is eligible for the DREAM Act, or is an agricultural worker.
The bill establishes that no undocumented immigrant will be able to obtain RPI until the Secretary of the Department of Homeland Security (DHS) provides Congress with evidence that the border security strategy is working.
To be eligible for RPI status, an individual must meet the following requirements:
1. Have lived in the United States since before January 1, 2012 and have been physically present in the United States continuously since then.
2. Pay a fee of $500 and other costs to process the application for RPI status. Individuals eligible for the DREAM Act will not have to pay the fee.
3. Be up to date with the payment of taxes on your income.
4. Be a person of good moral character.
Spouses and unmarried children under the age of 21 of persons who have RPI may be petitioned as derivatives of the principal applicant as long as these family members have been living in the United States since before December 31, 2012 and at the time of applying for RPI as a derivative relative.
A person is not eligible for RPI status if:
1. Has been convicted of a felony offense
2. Has been convicted of 3 or more misdemeanors, unless granted a pardon on humanitarian grounds.
3. Has been convicted of a crime abroad that would make the person inadmissible or deportable if he or she had committed the crime in the United States.
4. You have voted illegally
5. Not admissible to the country for criminal, national security, public health, or other reasons related to moral misconduct.
These requirements could change in the future as the bill has yet to be debated in the Senate.
I have been living in the U.S. since 1998 and I have a deportation order. Will I be able to apply for immigration reform? Maria M.
Individuals who have removal or deportation orders against them may apply for RPI status as long as they are eligible to apply for this immigration benefit. If RPI status is granted, individuals will have to file a motion to reopen their cases. Generally, the motion will be granted unless the federal government demonstrates that the person is not eligible for RPI status.
Individuals who are currently in removal or deportation proceedings may apply for RPI status as long as they demonstrate that they are eligible.
DHS must give these individuals an opportunity to apply for RPI status and the immigration court must close these cases unless the alien or DHS objects.
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