Immigration Reform Bill Introduced in Senate (Part 1 of 3)

On April 17, 2013, Senators introduced a long-awaited and sweeping immigration overhaul bill, known as the “Border Security, Economic Opportunity and Immigration Modernization Act of 2013” that addresses backlogs in legal immigration, undocumented immigrants, and border security.  This 844-page bill is the result of weeks of negotiations amongst the Senate’s “Gang of Eight” – four Democrats and four Republicans.  The full text of the bill can be viewed online.

This bill would allow 11 million undocumented immigrants to get legal status, once border security improvements are implemented.  Amongst other things, the bill will allow stronger enforcement, changes the way visas are given, would require employers to use online E-Verify system to ensure the job applicants are authorized to work in the US, and would shift the US towards merit-based visa system based on work, away from the current system based on family reunification.

Some of the key provisions of the bill are as follows:

1. Individuals in unlawful status, with residence in the United States prior to December 31, 2011 and maintaining continuous physical presence since then, will be able to apply to adjust their status to the legal status of Registered Provisional Immigrant (R.P.I.);
2. Spouse and/or children of individuals in R.P.I. status can be petitioned for as derivatives of the principal applicant provided they are in the United States at the time;
3. R.P.I.’s can travel outside the US and can work for any employer in the US;
4. R.P.I. status shall last for a period of six-year and is renewable if the RPI does not commit any acts that would render him/her deportable;
5. R.P.I. are not eligible for any Federal means-tested public benefit;
6. R.P.I. may adjust their status to Lawful Permanent Resident Status to earn a green card after 10 years through Merit Based System provided they have demonstrated knowledge of Civics and English, have worked in the US regularly, have paid all taxes, and have maintained continuous physical presence;
7. The application period for R.P.I. will be for 1 year with the possibility of extension by the Secretary for an additional 1 year;
8. All people currently waiting for family and employment green cards as of the date of the enactment of the law have had their priority date become current.