17, a Comprehensive Immigration Reform Bill (totaling 844 pages) was introduced
into the US Senate. The bill would result in the most sweeping changes to US
immigration law in 50 years. It would provide legal status (called Register
Provisional Immigrant status “RPI”) for most undocumented immigrants who have
lived in the US since December 30, 2011, allow for the return of many previously
deported individuals, eliminate the 1-year asylum deadline, shorten backlogs to
the current waiting lists for family and employment based applications, permit
many individuals on family based waiting lists waiting outside the US to come temporarily to
the US, eliminate several family based immigration categories and create a new
“merit based” green card.
so confident that the immigration reform will become law this year that we are
willing to offer our clients a money back guarantee if you open a file with our
office before June 1, 2013 In addition, the proposed changes to the law should
encourage individuals to file family based and employment based petitions NOW
before the law changes!
Frequently Asked Questions
Q. IS IMMIGRATION REFORM REALLY GOING TO HAPPEN?
A. Almost certainly, YES. The last major obstacles
seem to be melting away. There appears to be no organized opposition to the
bill and even the most outspoken opponents seem to agree to some reform that
will give legal status to millions of undocumented individuals in the US.
A. Our best estimates are that it will likely
happen before Labor Day. Even so, there will be a 6 month phase in period for
undocumented immigrants. We hope to file RPI applications by early next year.
Q. WHAT IS THE RUSH TO DO SOMETHING NOW?
A. Once the filing period begins, there will only be a 1 year application
period. Remember, as many as 11 million people may apply under this program. In addition, you may lose certain
benefits if you do not file for them before the law is enacted.
Q. WHAT DOES THE NEW BILL PROVIDE?
A. Obviously we cannot review 844 pages, but
you should know the following:
Individuals in unlawful status may apply for
legal status known as Registered Provisional Immigration Status if (1) they
have lived in the US since before
December 31, 2011 (2) have been physically present in the US since 12/31/2011
and (3) have not been convicted of an aggravated felony, any felony or 3
Filing for the RPI status will begin 6 months
after the law is signed IF the Secretary of Homeland Security certifies that
the southern border has been secured
RPIs will be eligible for work cards and travel
The application period will be for one year
with a possible 1 year extension
There will be a $2,000 penalty fee (in addition
to an undetermined filing fee) payable as follows: $500 with the initial
filing, $500 after 6 years when the RPI status must be renewed and $1000 after
10 years when the applicant can apply for a green card.
Eliminates the age cap for DREAMers and will
permit DREAMers to apply for a green card after 5 years.
Eliminates the 1-year filing deadline for
asylum applicants. Those previously granted withholding, rather than asylum,
can return to Court for a modification. (If approved, this would permit them to
travel and bring in spouses and children.)
The bill would eliminate family based backlogs
the spouses and children under 21 of permanent resident as Immediate Relatives and
thereby making them immediately eligible for permanent residency.
the 4th Preference for brothers and sisters of US citizens.
that married children of US citizens must be under 31 on the date of filing the
Reducing the backlog for employment based
categories by providing that spouses and children of the primary applicant will
no longer be counted against the cap. (This alone should reduce the wait by
Allowing individuals outside the US who were
here before 12/31/2011 and were deported for non-criminal offenses to apply to
re-enter the US if they are the spouse, parent or child or of a US citizen,
permanent resident or DREAM Act recipient.
Creating a new “Merit Based” point system after
5 years that would grant permanent residency based on an individual’s
education, employment, US family members and other considerations
Providing a new path to residency for investors
A. We suggest several things: (1) If you can
file a family based or employment based petition you should file it NOW. If you
wait until after the law passes it may be too late. (2) Continue to pursue
any applications that have already been filed.
Waiting periods for approved petitions will decrease resulting in a
green card sooner than RPI status, and (3) Get your documents together. This
includes birth certificates, passports, tax returns, school records and other
proof of residence in the US. It also means that you should obtain a copy of
your file from immigration, particularly if you have a prior deportation order.
This process often takes 6 months.
CALL US IF YOU HAVE ANY QUESTIONS •