Powers Immigration Law

Public Service Announcement provided by the American Immigration Lawyer's Association

STOP
because while there is a lot of excitement around immigration reform, the truth is that no new law has been passed. Do not believe notarios and other unauthorized consultants who say there is a new law in order to steal your money.

WAIT until real reform is enacted, hopefully later this year. The wrong help can harm your chances of becoming a lawful resident or citizen.

TALK to a qualified immigration attorney, ASK questions, and REPORT notarios who are trying to take advantage of you or your family.





Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744)


Important Notethere is no new law yet. This bill was passed by the Senate. The bill has not been voted on in the House.



The bill (which is not a law yet) contains an avenue for undocumented individuals to obtain employment authorization and a path to permanent resident status and citizenship. Individuals who are eligible and apply (if the bill becomes law) will be granted Registered Provisional Immigrant (RPI) Status.

As the bill is currently written, an individual must meet the following eligibility requirements to be eligible:

1.       Physical presence in the United States on or before December 31, 2011;

2.       Maintained continuous physical presence in the United States from December 31, 2011 until granted registered provisional immigrant status (with a few exceptions); and

3.       Must be physically present on the date he or she submits an application for registered provisional immigrant status.


As the bill is currently written, individuals will be ineligible for registered provisional immigrant status if he or she has/is

  • been convicted of a felony, an aggravated felony, or of three or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which as essential element was the individual’s immigration status) if the individual was convicted on different dates for each of the three offenses (may be waived for family unity or based on public interest);
  • Conviction of foreign offenses (except purely political offenses) that would render the person inadmissible or deportable if committed in the U.S., with certain exceptions;
  • voted unlawfully;
  • inadmissible to the United States;
  • reasonably believed to engage in terrorist activities;
  • on the date on which the Act was introduced in the Congress was a permanent resident, a refugee or granted asylum, or lawfully in any nonimmigrant status (with a few exceptions);
  • departed the United States while subject to an order of exclusion, deportation, or removal, or pursuant to an order of voluntary departure and who is outside the United States, or who has reentered the United States illegally after December 31, 2011 without receiving consent to reapply for admission. This criterion may be waived for some family members of United States citizens and lawful permanent resident.

The following inadmissibility grounds do not apply : public charge, labor certification requirements, documentation requirements, 3/10 year unlawful presence bars.


The following inadmissibility grounds do not apply unless they are based on the act of unlawfully entering the United States after the date of enactment of the bill : present without admission or parole, misrepresentation, stowaways, subject to civil penalty, student visa abusers, unlawful presence after previous immigration violation, and guardian of inadmissible alien.

 

The following inadmissibility grounds do not apply unless the relevant conduct began on or after the date on which the alien files the registered provisional immigrant application: failure to attend removal proceedings and certain aliens previously removed.

 

As the bill is currently written, an individual’s spouse and children may be classified as dependent registered provisional immigrants if the family member is physically present in the United States on the date on which the RPI is granted and the family member was physically present in the United States on or before December 30, 2012.


If the bill (as written) becomes law, individuals must satisfy any tax liability before applying for registered provisional immigrant status. There will be a one year filing period which may be extended for an additional 18-months. (Do not file anything yet. This bill is not yet law!)


If granted, the registered provisional immigrant status will initial be valid for a period of 6 years, unless status is revoked. The status may be extended for an additional 6 years if the individual remains eligible, meets the employment requirements, has satisfied any applicable Federal tax liability, pays a processing fee plus $1,000 penalty ($500 with application and remaining $500 in periodic installments that must be completed before the extension may be granted).


As part of the extension, applicants will need to establish that during the individual’s period of status as registered provisional immigrants; he or she was regularly employed – allowing for brief periods lasting not more than 60 days. Additionally, the individual must demonstrate that his or her income or resources are not less than 100% of the Federal poverty level throughout the initial registered provisional immigrant period.



Important Notethere is no new law yet. This bill was assigned to a committee on April 16, 2013. The committee will consider it before possibly sending it on to the Senate as a whole.


 






Page Under Construction


A break down of other sections of the bill will be added soon.












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Powers Immigration Law ("the Law Office") maintains this website to provide general information about the firm and the services it provides to its clients.  The information contained on this website is not intended to be legal advice and it should not be relied on as a substitute for seeking legal counsel.   The Law Office does not seek to enter into an attorney-client relationship with any reader of its on-line content.  An attorney-client relationship with the firm can only be formed based on personal consultation with an attorney, followed by a determination that the Law Office is willing and able to accept such representation.



Powers Immigration Law ♦ tanya.powers@tmpowerslaw.com

520 8th Street NE ♦ Hickory, NC 28601 ♦ (828) 394-1196

5200 Park Road, Suite 221 ♦ Charlotte, NC 28209  ♦ (704) 556-1156