SUMMARY OF THE REGISTERED PROVISIONAL IMMIGRANT STATUS portion of the "Border Security, Economic Opportunity and Immigration Modernization Act" - Sections 2101 and 2012

THIS IS A SUMMARY OF THE REGISTERED PROVISIONAL IMMIGRANT STATUS*  portion of the "Border Security, Economic Opportunity and Immigration Modernization Act".  

Please keep in mind - this is just a PROPOSED bill in the Senate and is by no means LAW this is simply the first stride of what will likely be a grueling marathon.  This summary is to help any that would care to understand this section.  To read the proposed bill in it's entirety please click here and for this specific summary go to sections 2101 and 2102 starting on page 59 and ending on page 110.

For now, I am simply providing a concise summary to help you understand and keeping my opinions out of it.  Once all section summaries are complete, I will provide my complete unadulterated opinion.  I will not be publishing ALL section summaries - but feel in order to formulate a complete opinion I should read each. 

ELIGIBILITY REQUIREMENTS.—

1.      Provide evidence,  that alien meets the following requirements:

b.    Be physically present in the United States on the date on which the alien submits an application for registered provisional immigrant status;

c.     Have been physically present in the United States on or before December 31, 2011.

d.    Have maintained continuous physical presence in the United States from December 31, 2011, until the date on which granted status as a registered provisional immigrant.

                             i.    BREAK IN PHYSICAL PRESENCE.—  IN GENERAL.— an alien who is absent 6 months from the United States without authorization after the date of the enactment of this BILL does not meet the continuous physical presence requirement.  Exceptions to the break exist if said absences are brief, casual, and innocent.

2.      Submits a completed application before the end of the period set forth in subsection [not defined yet].  – Will be 1 year period of registration once published in Federal Registry – with a possible extension to 18 months.

3.      Fees and Penalties

a.    Processing fee to the Department of Homeland Security in an amount determined DHS [Unknown at this time].

b.    PENALTY.—MOST aliens who are 21 years of age or older and are filing an application will pay a $1,000 penalty to DHS.  May be considerations for families filing together.

4.      In general have a clean background check.

                Background ineligabilities would include—

a.     A felony conviction (other than one in which an essential element was the alien’s immigration status or a violation of this Act).

b.   3 or more misdemeanor offenses if the alien was convicted on different dates for each of the 3 offenses. [Does not include traffic].

c.    Any offense under foreign law, except for a purely political offense, which, if the offense had been committed in the United States, would render the alien inadmissible.

d.    Unlawful voting

e.    The Secretary (DHS)  knows or has reasonable grounds to believe, is engaged in or is likely to engage in any terrorist activity

5.    DEPENDENT SPOUSE AND CHILDREN.—the spouse or child of a registered provisional immigrant may also apply if

a.    Is physically present in the United States— on the date on which the registered provisional immigrant is granted such status; AND

b.    before December 30, 2012 AND

c.    meets all of the eligibility requirements above.

6.    PAYMENT all Federal income tax liabilities as assessed in accordance with section 6203 of the Internal Revenue Code of 1986.  Submission of Proof required.

7.    Other Grounds for INELIGABILTY. 

a.     Was, on the date Act was introduced in the Senate— an alien lawfully admitted for permanent residence

b.    An alien admitted as a refugee under section 207 or granted asylum under section 208

c.   An alien who, according to the records of the Secretary or the Secretary of State, is lawfully present  in the United States in any nonimmigrant status on the date Act was introduced in the Senate, despite any unauthorized employment or other violation of nonimmigrant status.

The initial period of authorized admission for a registered provisional immigrant— will be 6 years unless revoked for cause - may be extended for additional 6-year terms if:

1.        the alien remains eligible for registered provisional immigrant status [see above];

2.        the alien meets the employment or education requirements

a.    was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60  days; and

b.    is not likely to become a public charge (as determined under section 212(a)(4)); or

c.    is able to demonstrate average income or resources that are not less than 100 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

3.      CLARIFICATION OF STATUS.—An alien granted registered provisional immigrant status—

a.    is lawfully admitted to the United States; and

b.    may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.

4.      Provisional Immigrants are INELIGIBILITY FOR PUBLIC BENEFITS.— An alien who has been granted registered provisional immigrant status under this section is not eligible for any Federal means-tested public benefit (as such term is defined in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613)).

ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.

Registered provisional immigrant may adjust the status to that of an alien lawfully admitted for permanent residence if the registered provisional immigrant satisfies the eligibility requirements below:

ELIGIBILITY REQUIREMENTS.—

1.        The alien was granted registered provisional immigrant and remains eligible for such status.

2.        Has maintained a CONTINUOUS PHYSICAL PRESENCE in the U.S.

3.        PAYMENT OF all Federal TAX liabilities.

4.        Met the EMPLOYMENT OR EDUCATION REQUIREMENT.—

a.    was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and

b.    is not likely to become a public charge (as determined under section 212(a)(4)); or

c.   can demonstrate average income or resources that are not less than 125 percent of the Federal poverty level throughout the period of admission as a registered provisional immigrant.

d.    EDUCATION PERMITTED.— to satisfy this requirement

5.      ENGLISH SKILLS.— as set forth by INA ACT 312 or is satisfactorily pursuing a course of study to achieve an understanding of English and knowledge and understanding of the history and Government of the United States, as described in section 312(a).

6.      BACK OF THE LINE.—The status of a registered provisional immigrant may not be adjusted to that of an alien lawfully admitted for permanent residency until those aliens that filed for permanent residency prior to the signing of this act have received their adjustment of status.

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END NOTE

* Border Security, Economic Opportunity, and Immigration Modernization Act

Section 3 Effective Date Trigger

(c)TRIGGERS.—

(1) PROCESSING OF APPLICATIONS FOR REGISTERED PROVISIONAL IMMIGRANT STATUS.—Not earlier than the date upon which the Secretary has submitted to Congress the Notice of Commencement of implementation of the Comprehensive Southern Border Security Strategy and the Southern Border Fencing Strategy under section 5 of this Act, the Secretary may commence processing applications for registered provisional immigrant status pursuant to section 245B of the Immigration and Nationality Act, as added by section 2101 of this Act.

(2) ADJUSTMENT OF STATUS OF REGISTERED PROVISIONAL IMMIGRANTS.—

(A) IN GENERAL.—Except as provided in 8 subparagraph (B), the Secretary may not adjust the status of aliens who have been granted registered provisional immigrant status, except for aliens granted agriculture card status under section 2201 of this Act or described in section 245D(b) of the Immigration and Nationality Act, until the Secretary, after consultation with the Comptroller General of the United States, submits to the President and Congress a written certification that—

(i) the Comprehensive Southern Border Security Strategy has been submitted to Congress and is substantially deployed and substantially operational;

(ii) the Southern Border Fencing Strategy has been submitted to Congress, implemented, and is substantially completed;

(iii) the Secretary has implemented a mandatory employment verification system

to be used by all employers to prevent unauthorized workers from obtaining employment in the United States; and

(iv) the Secretary is using an electronic exit system at air and sea ports of entry that operates by collecting machine readable visa or passport information from air and vessel carriers.

 (B) EXCEPTION.—The Secretary shall permit registered provisional immigrants to apply for an adjustment to lawful permanent resident status if—

(i)

(I) litigation or a force majeure has prevented one or more of the conditions described in clauses (i) through (iv) of subparagraph (A) from being implemented; or

(II) the implementation of subparagraph (A) has been held unconstitutional  by the Supreme Court of the United States or the Supreme Court has granted certiorari to the litigation on the constitutionality of implementation of subparagraph (A); and

(ii) 10 years have elapsed since the date of the enactment of this Act.