The Long, Winding Road to Citizenship, Part I

On April 16, the Senate’s “Gang of Eight” released their 844-page immigration bill. Its official title is “Border Security, Economic Opportunity, and Immigration Modernization Act” (S. 744).

I like to think of it as the long and winding road to citizenship. The bill has provisions to increase border security along the Southern border; to provide a pathway to citizenship for the estimated 11 million undocumented immigrants living in the United States; and, it alters U.S. immigration policy by decreasing the number of relatives and which relatives who can immigrate to the United States based on their family relationship while increasing the number of visas available for employees and entrepreneurs. 

In today’s blog, I will just address the pathway to citizenship for the undocumented immigrants who are living in the United States provisions. In future posts I will address the border security issues and the changes to the current immigration system.

Registered Provisional Immigrant Status, or RPIs

In the alphabet soup that characterizes immigration law, the Senate has just added a new acronym: RPIs to go along with USCs (United States Citizens) and LPRs (Lawful Permanent Residents). To be an RPI the immigrant must meet the following criteria:

•  Must be physically present in the United States on the date that s/he applies for relief;
• Must have been physically present on or before December 31, 2011, and must continue to live in the United States from December 31, 2011, until s/he is granted RPI status – there is an exception for brief trips outside the United States;
• Must not have been convicted of any felony (a felony is a crime with a potential sentence of more than one year and the defendant is incarcerated in a prison rather than in a jail);
• Must not have been convicted of three or more misdemeanors (a misdemeanor is a crime with a potential sentence of one year or less and the defendant is incarcerated in a jail rather than in a prison);
• Must not have voted unlawfully in the United States;
• DHS must not have reasonable grounds to believe that the applicant is engaged in or is likely to engage in terrorism; 
• Must pass background and security checks; and,
• Must pay a penalty fee in addition to any application fees. 

The spouse and children of RPIs may receive RPI status under the following circumstances:

• They are physically present in the United States on the date RPI status is granted and on or before December 30, 2012; and,
• Must meet all of the requirements for RPIs except that they do not have to be physically present in the United States on December 30, 2011.

RPI applicants must submit a completed application form and must show proof that they have paid all current and past federal taxes. The RPI applicants who are twenty-one years and older must pay a $1000 penalty in addition to any fees charged by DHS. 

Maintaining RPI Status

RPI status is good for six years and may be extended for an additional six years provided the RPI does the following:

• Continues to be eligible for RPI status (does not come within the grounds for deportability such as a felony conviction or three or more misdemeanor convictions);
• Pays all applicable federal taxes; and,
• Is regularly employed through the RPI period (allowing for unemployment periods of 60 days) or must be attending school full-time. There are exceptions for RPIs under the age of twenty-one, over the age of sixty, those with a mental or physical disability, and those who are pregnant.

What RPIs Cannot Get

RPIs are ineligible for welfare benefits, for tax credits, and for health care (Obamacare) under the Affordable Care Act. 

Getting a Green Card or Becoming Lawful Permanent Residents 

RPIs cannot apply for their green cards until the following events happen:

•  The Secretary of State certifies that immigrant visas have become available for all approved immigrant visa petitions that were filed before this law comes into effect. According to the Department of State’s visa bulletin for May 2013, the Department of State is currently processing immigrant visa petitions filed on or before October 1, 1989.  
• The border is secure or until 10 years have passed after the law comes into effect whichever is first;
• When RPIs apply for their green cards they must clear national security and background checks and pay an additional $1,000 penalty fee plus whatever application fees DHS charges; and,
• RPIs must pass the English language requirements and U.S. history and civic requirements.

It is unclear to me how Congress is going to clear out the 24-year back-log for an immigrant visa in the next 10 years. The Senate bill changes some of the categories to enable certain relatives of US citizens and green card holders to immigrate more quickly without numerical limits; so perhaps the backlog will actually be eliminated within ten years.

Once RPIs get their green cards they will be eligible to apply for citizenship in three years. 

One interesting change to the law is that RPIs will be eligible to serve in the U.S. military. Despite what the politicians say about immigrants serving in the U.S. armed forces, federal law only allows U.S. citizens, green card holders, and U.S. nationals (people born in U.S. territories such as Guam, and the Mariana Islands) to serve in the U.S. military. 

DREAMERS

The RPI rules are slightly different for DREAMERs (people who were brought to the United States before the age of 16, and completed high school or earned a GED, and completed at least two years of a bachelor’s program, or served in the military for at least four years).

The rules for DREAMERS are as follows:

• DREAMERs can get their green cards after being in RPI status for at least five years;
• Pass an English/civics test; and
• Pass background and security checks.
• DREAMERS will be able to apply for citizenship as soon as they get their green cards.

Agricultural Workers and Blue Cards

Agricultural workers are eligible for a Blue Card, which is similar to RPI status and is valid for eight years. Agricultural workers must meet the following eligibility requirements:

• Undergo security clearance and background checks;
• Have perform 575 hours or 100 work days of agricultural work between December 30, 2010 through December 30, 2012;
• Not have been convicted of a felony or of three misdemeanors; and,
• Pay $100 penalty fee in addition to any application fees set by DHS.
• A Blue Card is valid for eight years.

What Blue Card Holders Cannot Get

Blue Card holders are ineligible for welfare benefits, for tax credits, and for health care (Obamacare) under the Affordable Care Act. 

Changing A Blue Card To A Green Card

Blue Card holders can get their Green Cards five years after this bill becomes law.  The Blue Card holder must show:

• S/he worked in agriculture for 100 work days during each of the five years during the eight year period; or,
• S/he worked in agriculture for 150 work days during each of the three years during the five-year period;
• S/he must pay a $400 penalty in addition to any filing fees assessed by DHS; and
• Show proof of having paid all federal taxes.

Conclusion

The Senate bill does provide a path way to citizenship for people who have been living in the United States in undocumented status as long as they can show that they were in the United States on December 31, 2011.

Under this bill it will take a minimum of 10 years for most of the undocumented population to become permanent residents, and then another three years to be eligible to apply for citizenship.

The bill requires immigrants to pay penalty fees. It requires immigrants to attain English language proficiency before getting permanent resident status, and it requires immigrants to pay all back taxes before getting any status. It also prohibits these immigrants from obtaining any federal welfare benefits, tax credits, or health insurance under the Affordable Care Act. Finally, the bill requires that the border be secure before the bill is fully implemented. 

Next blog:  Border Security Under the Senate Immigration Bill