Progress on Senate Bill Signals Time to Prepare for Filings

June 12, 2013

 

Progress on Senate Bill Signals Time to Prepare for Filings

 

Yesterday’s 85-15 vote to allow S. 744 to proceed to full debate signals a high level of momentum in favor of passage, at least in the Senate.   What will happen in the House is still subject to question.  Even so, the basic outline of a path to legal status is clear, and the time has come for potential applicants to begin collecting documents and taking other action that will increase the chances of filing a successful application.

 

Below are a number of comments on what kind of proof may be required to file for this new legal status.   In preparing their cases, applicants should seek the assistance of a qualified immigration lawyer or BIA accredited organization.  UNDER NO CIRCUMSTANCES SHOULD AN APPLICANT SEEK THE ASSISTANCE OF A NOTARIO.  Notarios may seem like they know the law, and a few of them may have good intentions.  However, most of them do not have good intentions, and there are too many critical and complex issues that have to be addressed both before and at the time of filing these cases. 

 

Notarios are not qualified to help with these cases and applicants should avoid them at all costs.

 

Timing:  the bill gives applicants one full year (and gives DHS the right to extend that time period up to 18 months) after the bill is signed into law.   That may seem like a long time, but with so many potential applicants, the time to begin preparing is now.  The final form of the bill likely will change, but the documents described below probably will be helpful, regardless of the changes.

 

In broad terms, S. 744 will create a legal status called “Registered Provisional Immigrant” or “RPI” status for certain undocumented individuals.    The status will be good for 6 years and will allow approved applicants to work in the US and travel internationally.  To qualify for the status, the Senate bill requires the applicant to prove that he or she:

 

1.      Entered the US on or before 12/31/11 (later for family members)

2.      Has been physically present in the US since then

3.      Has paid all back taxes

4.      Pays a $500 fine (DREAMers are excluded from this fee requirement)

5.      Pays a standard filing fee

6.      Is not inadmissible due to

a.      Conviction of an aggravated felony (as currently defined in the INA) or any other felony

b.      Conviction of 3 or more misdemeanors (not including minor traffic offenses)

c.      Conviction of an offense under foreign law

d.      Unlawful voting

e.      Other major grounds of inadmissibility

 

 Several points become clear right away:

 

First, potential applicants should begin collecting and keeping safe all documentation that can prove how long he or she has been in the US, including the date he or she first arrived, as well as all time since then.     The types of proof that will be useful here will include a very wide range of documentation, but it will need to be presented properly and in a persuasive way. 

 

Second, if the applicant has left the US after 12/31/11, he or she will have to show clear documentation of the dates, locations and reasons for leaving; the length of the time out of the US will be critical.

 

Third, proof of payment of back taxes can be very tricky, especially if the applicant has been using an ITIN to file until now.   As S. 744 now reads, it will be important for the applicant to obtain formal IRS documentation for all years in which he or she has filed; the applicant also will need to file amended returns for any year in which an incorrect return was filed, and will need to file late returns for any year in which the person failed to file.   HOWEVER, AS STATED ABOVE, UNDER NO CIRCUMSTANCES SHOULD THE APPLICANT ASK FOR HELP FROM A NOTARIO.  Instead, seek help from a qualified accountant or reputable tax service such as H&R Block.

 

Fourth, a person with a disqualifying criminal conviction may be able to have the convictions nullified or set aside in a way that allows the person to file an approvable case.  In its current form, S. 744 will restrict eligibility to a limited number of people.  However, it also provides for certain relief that will allow the person to go forward with a proper case.   These provisions may change, but the important thing to do is to obtain certified copies of all court cases and bring them to the attorney helping you with your case.   That attorney should be able to determine if the convictions on your record will disqualify you or not, and if they do, the attorney may be able  to handle the criminal case properly, or refer you to an attorney who can do so.

 

To summarize:

 

1.      Seek help from a qualified attorney or BIA accredited entity.

2.      DO NOT SEEK HELP FROM A NOTARIO

3.      With the attorney's help, begin collecting documents that prove date of entry and time here since then, as well as time outside the US, if any.

4.      Get help with your taxes from a qualified accountant or reputable tax service.

5.      Get copies of your criminal records and bring that information to your attorney for analysis.

6.      Begin now.

 

Best regards,

 

Gerry Chapman

 

Gerard M. Chapman

Chapman Law Firm

P. O. Box 1477

Greensboro, NC 27402

403-A North Elm Street

Greensboro, NC 27401

Phone: (336) 334-0034

Fax: (336) 334-0036

E-mail: gerrychapman@chapman-immig.com

Website: www.chapman-immig.com