Sec. 2101. Registered provisional immigrant status
4,262 words·~19 min read·
/bill/113/s/744/rs/section-2101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 5 of title II ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: Notwithstanding any other provision of law, the Secretary of Homeland Security (referred to in this section as the Secretary ), after conducting the national security and law enforcement clearances required under subsection (c)(8), may grant registered provisional immigrant status to an alien who— meets the eligibility requirements set forth in subsection (b); submits a completed application before the end of the period set forth in subsection (c)(3); and has paid the fee required under subsection (c)(10)(A) and the penalty required under subsection (c)(10)(C), if applicable.
An alien is not eligible for registered provisional immigrant status unless the alien establishes, by a preponderance of the evidence, that the alien meets the requirements set forth in this subsection. The alien— shall be physically present in the United States on the date on which the alien submits an application for registered provisional immigrant status; shall have been physically present in the United States on or before December 31, 2011; and shall have maintained continuous physical presence in the United States from December 31, 2011, until the date on which the alien is granted status as a registered provisional immigrant under this section.
Except as provided in clause (ii), an alien who is absent from the United States without authorization after the date of the enactment of this section does not meet the continuous physical presence requirement set forth in subparagraph (A)(iii). An alien who departed from the United States after December 31, 2011 will not be considered to have failed to maintain continuous presence in the United States if the alien's absences from the United States are brief, casual, and innocent whether or not such absences were authorized by the Secretary.
Except as provided in subparagraph (B), an alien is ineligible for registered provisional immigrant status if the Secretary determines that the alien— has a conviction for— an offense classified as a felony in the convicting jurisdiction (other than a State or local offense for which an essential element was the alien's immigration status or a violation of this Act); an aggravated felony (as defined in section 101(a)(43) at the time of the conviction); 3 or more misdemeanor offenses (other than minor traffic offenses or State or local offenses for which an essential element was the alien's immigration status or a violation of this Act) if the alien was convicted on different dates for each of the 3 offenses; 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 under section 212(a) (excluding the paragraphs set forth in clause (ii)) or removable under section 237(a), except as provided in paragraph
(3)of section 237(a); unlawful voting (as defined in section 237(a)(6)); is admissible under section 212(a), except that in determining an alien’s admissibility— paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply; subparagraphs (A), (C), (D), (F), and
(G)of section 212(a)(6) and paragraphs (9)(C) and (10)(B) of section 212(a) shall not apply unless based on the act of unlawfully entering the United States after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and paragraphs (6)(B) and (9)(A) of section 212(a) shall not apply unless the relevant conduct began on or after the date on which the alien files an application for registered provisional immigrant status under this section; the Secretary knows or has reasonable grounds to believe, is engaged in or is likely to engage after entry in any terrorist activity (as defined in section 212(a)(3)(B)(iv)); or was, on the date on which this Act was introduced in the Senate— an alien lawfully admitted for permanent residence; an alien admitted as a refugee under section 207 or granted asylum under section 208; or 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 (other than an alien considered to be a nonimmigrant solely due to the application of section 244(f)(4) or the amendment made by section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 )), notwithstanding any unauthorized employment or other violation of nonimmigrant status. The Secretary may waive the application of subparagraph (A)(i)(III) or any provision of section 212(a) that is not listed in clause
(ii)on behalf of an alien for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest. Any discretionary authority to waive grounds of inadmissibility under section 212(a) conferred under any other provision of this Act shall apply equally to aliens seeking registered provisional status under this section. The discretionary authority under clause
(i)may not be used to waive— subparagraph (B), (C), (D)(ii), (E), (G), (H), or
(I)of section 212(a)(2); section 212(a)(3); subparagraph (A), (C), (D), or
(E)of section 212(a)(10); or with respect to misrepresentations relating to the application for registered provisional immigrant status, section 212(a)(6)(C)(i). For purposes of this paragraph, the term conviction does not include a judgment that has been expunged, set aside, or the equivalent. Nothing in this paragraph may be construed to require the Secretary to commence removal proceedings against an alien. Sections 208(d)(6) and 240B(d) shall not apply to any alien filing an application for registered provisional immigrant status under this section. Notwithstanding any other provision of law, the Secretary shall classify the spouse or child of a registered provisional immigrant as a registered provisional immigrant dependent if the spouse or child— is physically present in the United States— on the date on which the registered provisional immigrant is granted such status; and on or before December 30, 2012; meets all of the eligibility requirements set forth in this subsection, other than the requirements of clause
(ii)or
(iii)of paragraph (2). If the spousal or parental relationship between an alien who is granted registered provisional immigrant status under this section and the alien’s child is terminated, the spouse or child may apply for classification as a registered provisional immigrant dependent if the termination of the relationship with such parent was due to death, divorce, or otherwise connected to domestic violence, notwithstanding subsection (c)(3). If the application of a spouse or parent for registered provisional immigrant status is terminated or revoked, the husband, wife, or child of that spouse or parent shall be eligible to apply for registered provisional immigrant status independent of the parent notwithstanding subsection (c)(3). An alien, or the dependent spouse or child of such alien, who meets the eligibility requirements set forth in subsection
(b)may apply for status as a registered provisional immigrant or a registered provisional immigrant dependent, as applicable, by submitting a completed application form to the Secretary during the application period set forth in paragraph (3), in accordance with the final rule promulgated by the Secretary under the Border Security, Economic Opportunity, and Immigration Modernization Act . An applicant for registered provisional immigrant status shall be treated as an applicant for admission. An alien may not file an application for registered provisional immigrant status under paragraph
(1)unless the applicant has satisfied any applicable Federal tax liability. In this paragraph, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986. An applicant may demonstrate compliance with this paragraph by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. Except as provided in subparagraph (B), the Secretary may only accept applications for registered provisional immigrant status from aliens in the United States during the 1-year period beginning on the date on which the final rule is published in the Federal Register pursuant to paragraph (1). If the Secretary determines, during the initial period described in subparagraph (A), that additional time is required to process applications for registered provisional immigrant status or for other good cause, the Secretary may extend the period for accepting applications for such status for an additional 18 months. The application form referred to in paragraph
(1)shall collect such information as the Secretary determines necessary and appropriate. The Secretary shall establish a process through which an alien may submit a single application under this section on behalf of the alien, his or her spouse, and his or her children, who are residing in the United States. The Secretary may interview applicants for registered provisional immigrant status under this section to determine whether they meet the eligibility requirements set forth in subsection (b). If an alien who is apprehended during the period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act and the end of the application period described in paragraph
(3)appears prima facie eligible for registered provisional immigrant status, to the satisfaction of the Secretary, the Secretary— shall provide the alien with a reasonable opportunity to file an application under this section during such application period; and may not remove the individual until a final administrative determination is made on the application. An alien who departed from 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 of the United States, or who has reentered the United States illegally after December 31, 2011 without receiving the Secretary's consent to reapply for admission under section 212(a)(9), shall not be eligible to file an application for registered provisional immigrant status. The Secretary, in the Secretary's sole and unreviewable discretion, may waive the application of subparagraph
(A)on behalf of an alien if the alien— is the spouse or child of a United States citizen or lawful permanent resident; is the parent of a child who is a United States citizen or lawful permanent resident; meets the requirements set forth in clause
(ii)and
(iii)of section 245D(b)(1)(A); or meets the requirements set forth in section 245D(b)(1)(A)(ii), is 16 years or older on the date on which the alien applies for registered provisional immigrant status, and was physically present in the United States for an aggregate period of not less than 3 years during the 6-year period immediately preceding the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act . Notwithstanding subsection (b)(2), section 241(a)(5), or a prior order of exclusion, deportation, or removal, an alien described in subparagraph
(B)who is otherwise eligible for registered provisional immigrant status may file an application for such status. A registered provisional immigrant may not be detained by the Secretary or removed from the United States, unless— the Secretary determines that— such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3); or the alien's registered provisional immigrant status has been revoked under subsection (d)(2). Notwithstanding any other provision of this Act— if the Secretary determines that an alien, during the period beginning on the date of the enactment of this section and ending on the last day of the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section— the Secretary shall provide the alien with the opportunity to file an application for such status; and upon motion by the Secretary and with the consent of the alien or upon motion by the alien, the Executive Office for Immigration Review shall— terminate such proceedings without prejudice to future proceedings on any basis; and provide the alien a reasonable opportunity to apply for such status; and if the Executive Office for Immigration Review determines that an alien, during the application period described in paragraph (3), is in removal, deportation, or exclusion proceedings before the Executive Office for Immigration Review and is prima facie eligible for registered provisional immigrant status under this section— the Executive Office of Immigration Review shall notify the Secretary of such determination; and if the Secretary does not dispute the determination of prima facie eligibility within 7 days after such notification, the Executive Office for Immigration Review, upon consent of the alien, shall— terminate such proceedings without prejudice to future proceedings on any basis; and permit the alien a reasonable opportunity to apply for such status. If an alien who meets the eligibility requirements set forth in subsection
(b)is present in the United States and has been ordered excluded, deported, or removed, or ordered to depart voluntarily from the United States under any provision of this Act— notwithstanding such order or section 241(a)(5), the alien may apply for registered provisional immigrant status under this section; and if the alien is granted such status, the alien shall file a motion to reopen the exclusion, deportation, removal, or voluntary departure order, which motion shall be granted unless 1 or more of the grounds of ineligibility is established by clear and convincing evidence. The limitations on motions to reopen set forth in section 240(c)(7) shall not apply to motions filed under clause (i)(II). During the period beginning on the date on which an alien applies for registered provisional immigrant status under paragraph
(1)and the date on which the Secretary makes a final decision regarding such application, the alien— may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel; may not be detained by the Secretary or removed from the United States unless the Secretary makes a prima facie determination that such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3); shall not be considered unlawfully present for purposes of section 212(a)(9)(B); and shall not be considered an unauthorized alien (as defined in section 274A(h)(3)). As soon as practicable after receiving each application for registered provisional immigrant status, the Secretary shall provide the applicant with a document acknowledging the receipt of such application. An employer who knows that an alien employee is an applicant for registered provisional immigrant status or will apply for such status once the application period commences is not in violation of section 274A(a)(2) if the employer continues to employ the alien pending the adjudication of the alien employee's application. Section 101(g) shall not apply to an alien granted— advance parole under clause (i)(I) to reenter the United States; or registered provisional immigrant status. The Secretary may not grant registered provisional immigrant status to an alien or an alien dependent spouse or child under this section unless such alien submits biometric and biographic data in accordance with procedures established by the Secretary. The Secretary shall provide an alternative procedure for applicants who cannot provide the standard biometric data required under subparagraph
(A)because of a physical impairment. The Secretary shall collect, from each alien applying for status under this section, biometric, biographic, and other data that the Secretary determines to be appropriate— to conduct national security and law enforcement clearances; and to determine whether there are any national security or law enforcement factors that would render an alien ineligible for such status. The required clearances described in clause (i)(I) shall be completed before the alien may be granted registered provisional immigrant status. The initial period of authorized admission for a registered provisional immigrant— shall remain valid for 6 years unless revoked pursuant to subsection (d)(2); and may be extended for additional 6-year terms if— the alien remains eligible for registered provisional immigrant status; the alien meets the employment requirements set forth in subparagraph (B); and such status was not revoked by the Secretary for any reason. Except as provided in subparagraphs
(D)and
(E)of section 245C(b)(3), an alien may not be granted an extension of registered provisional immigrant status under this paragraph unless the alien establishes that, during the alien's period of status as a registered provisional immigrant, the alien— was regularly employed throughout the period of admission as a registered provisional immigrant, allowing for brief periods lasting not more than 60 days; and is not likely to become a public charge (as determined under section 212(a)(4)); or 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. An applicant may not be granted an extension of registered provisional immigrant status under subparagraph (A)(ii) unless the applicant has satisfied any applicable Federal tax liability in accordance with paragraph (2). Aliens who are 16 years of age or older and are applying for registered provisional immigrant status under paragraph (1), or for an extension of such status under paragraph (9)(A)(ii), shall pay a processing fee to the Department of Homeland Security in an amount determined by the Secretary. The processing fee authorized under clause
(i)shall be set at a level that is sufficient to recover the full costs of processing the application, including any costs incurred— to adjudicate the application; to take and process biometrics; to perform national security and criminal checks, including adjudication; to prevent and investigate fraud; and to administer the collection of such fee. The Secretary, by regulation, may— limit the maximum processing fee payable under this subparagraph by a family, including spouses and unmarried children younger than 21 years of age; and exempt defined classes of individuals, including individuals described in section 245B(c)(13), from the payment of the fee authorized under clause (i). Fees collected under subparagraph (A)(i)— shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act ; and may be used for the purposes set forth in section 6(a)(3)(B) of such Act. In addition to the processing fee required under subparagraph (A), aliens not described in section 245D who are 21 years of age or older and are filing an application under this subsection shall pay a $1,000 penalty to the Department of Homeland Security. The Secretary shall establish a process for collecting payments required under clause
(i)that— requires the alien to pay $500 in conjunction with the submission of an application under this subsection for registered provisional immigrant status; and allows the remaining $500 to be paid in periodic installments that shall be completed before the alien may be granted an extension of status under paragraph (9)(A)(ii). Penalties collected pursuant to this subparagraph shall be deposited into the Comprehensive Immigration Reform Trust Fund established under section 6(a)(1) of the Border Security, Economic Opportunity, and Immigration Modernization Act . The Secretary shall deny an application submitted by an alien who fails to submit— requested initial evidence, including requested biometric data; or any requested additional evidence by the date required by the Secretary. An alien whose application for registered provisional immigrant status is denied under subparagraph
(A)may file an amended application for such status to the Secretary if the amended application— is filed within the application period described in paragraph (3); and contains all the required information and fees that were missing from the initial application. The Secretary shall issue documentary evidence of registered provisional immigrant status to each alien whose application for such status has been approved. Documentary evidence provided under subparagraph (A)— shall be machine-readable and tamper-resistant, and shall contain a digitized photograph; shall, during the alien’s authorized period of admission, and any extension of such authorized admission, serve as a valid travel and entry document for the purpose of applying for admission to the United States; may be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); shall indicate that the alien is authorized to work in the United States for up to 3 years; and shall include such other features and information as may be prescribed by the Secretary. Unless the Secretary determines that an alien who was granted Deferred Action for Childhood Arrivals (referred to in this paragraph as DACA ) pursuant to the Secretary’s memorandum of June 15, 2012, has engaged in conduct since the alien was granted DACA that would make the alien ineligible for registered provisional immigrant status, the Secretary may grant such status to the alien if renewed national security and law enforcement clearances have been completed on behalf of the alien. Notwithstanding any other provision of law, including section 241(a)(7), a registered provisional immigrant shall be authorized to be employed in the United States while in such status. A registered provisional immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— the alien is in possession of— valid, unexpired documentary evidence of registered provisional immigrant status that complies with subsection (c)(12); or a travel document, duly approved by the Secretary, that was issued to the alien after the alien's original documentary evidence was lost, stolen, or destroyed; the alien's absence from the United States did not exceed 180 days, unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control; the alien meets the requirements for an extension as described in subclauses
(I)and
(III)of paragraph (9)(A); and the alien establishes that the alien is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or
(C)of section 212(a)(3). An alien granted registered provisional immigrant status under this section shall be considered to have been admitted and lawfully present in the United States in such status as of the date on which the alien’s application was filed. An alien granted registered provisional immigrant status— is lawfully admitted to the United States; and may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence. The Secretary may revoke the status of a registered provisional immigrant at any time after providing appropriate notice to the alien, and after the exhaustion or waiver of all applicable administrative review procedures under section 245E(c), if the alien— no longer meets the eligibility requirements set forth in subsection (b); knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or was absent from the United States— for any single period longer than 180 days in violation of the requirements set forth in paragraph (1)(B)(ii); or for more than 180 days in the aggregate during any calendar year, unless the alien's failure to timely return was due to extenuating circumstances beyond the alien's control. In determining whether to revoke an alien's status under subparagraph (A), the Secretary may require the alien— to submit additional evidence; or to appear for an interview. If an alien’s registered provisional immigrant status is revoked under subparagraph (A), any documentation issued by the Secretary to such alien under subsection (c)(12) shall automatically be rendered invalid for any purpose except for departure from the United States. 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)). A noncitizen granted registered provisional immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986; shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection
(e)of such section; and shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act (42 U.S.C. 18071). The Commissioner of Social Security, in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each alien who has been granted registered provisional immigrant status under this section. The Secretary shall provide the Commissioner of Social Security with information from the applications filed by aliens granted registered provisional immigrant status under this section and such other information as the Commissioner determines to be necessary to assign a Social Security account number to such aliens. The Commissioner may use information received from the Secretary under this subparagraph to assign Social Security account numbers to such aliens and to administer the programs of the Social Security Administration. The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974) and other applicable Federal laws. As soon as practicable after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act , the Secretary, in cooperation with entities approved by the Secretary, and in accordance with a plan adopted by the Secretary, shall broadly disseminate, in the most common languages spoken by aliens who would qualify for registered provisional immigrant status under this section, to television, radio, print, and social media to which such aliens would likely have access— the procedures for applying for such status; the terms and conditions of such status; and the eligibility requirements for such status. . Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: An alien who has been granted registered provisional immigrant status under section 245B of the Immigration and Nationality Act. .
Connectionstraces to 3
1 reference not yet in our index
- Pub. L. 110-229
Citation graph
cites case law
Sec. 2101
Registered provisional immigrant status
Pub. L.Pub. L. 110-229
Cites 4Cited by 0 across 0 sources