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???