S.744 Immigration bill - Sec. 2101: REGISTERED PROVISIONAL IMMIGRANT STATUS
Posted Wed, Apr 17, 2013 at 4:56 pm
- (a) Authorization- Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting after section 245A the following:
`SEC. 245B. ADJUSTMENT OF STATUS OF ELIGIBLE ENTRANTS BEFORE DECEMBER 31, 2011, TO THAT OF REGISTERED PROVISIONAL IMMIGRANT.
- `(a) In General- 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--
- `(1) meets the eligibility requirements set forth in subsection (b);
- `(2) submits a completed application before the end of the period set forth in subsection (c)(3); and
- `(3) has paid the fee required under subsection
(c)(10)(A) and the penalty required under subsection (c)(10)(C), if
applicable.
- `(b) Eligibility Requirements-
- `(1) IN GENERAL- 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.
- `(2) PHYSICAL PRESENCE-
- `(A) IN GENERAL- The alien--
- `(i) shall be physically present in the United
States on the date on which the alien submits an application for
registered provisional immigrant status;
- `(ii) shall have been physically present in the United States on or before December 31, 2011; and
- `(iii) 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.
- `(B) BREAK IN PHYSICAL PRESENCE-
- `(i) IN GENERAL- 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).
- `(ii) EXCEPTION- 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.
- `(3) GROUNDS FOR INELIGIBILITY-
- `(A) IN GENERAL- Except as provided in subparagraph
(B), an alien is ineligible for registered provisional immigrant status
if the Secretary determines that the alien--
- `(i) has a conviction for--
- `(I) 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);
- `(II) an aggravated felony (as defined in section 101(a)(43) at the time of the conviction);
- `(III) 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;
- `(IV) 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);
- `(V) unlawful voting (as defined in section 237(a)(6));
- `(ii) is admissible under section 212(a), except that in determining an alien's admissibility--
- `(I) paragraphs (4), (5), (7), and (9)(B) of section 212(a) shall not apply;
- `(II) 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
- `(III) 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;
- `(iii) 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
- `(iv) was, on the date on which this Act was introduced in the Senate--
- `(I) an alien lawfully admitted for permanent residence;
- `(II) an alien admitted as a refugee under section 207 or granted asylum under section 208; or
- `(III) 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.
- `(B) WAIVER-
- `(i) IN GENERAL- 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.
- `(ii) EXCEPTIONS- The discretionary authority under clause (i) may not be used to waive--
- `(I) subparagraph (B), (C), (D)(ii), (E), (G), (H), or (I) of section 212(a)(2);
- `(II) section 212(a)(3);
- `(III) subparagraph (A), (C), (D), or (E) of section 212(a)(10); or
- `(IV) with respect to misrepresentations
relating to the application for registered provisional immigrant status,
section 212(a)(6)(C)(i).
- `(C) CONVICTION EXPLAINED- For purposes of this
paragraph, the term `conviction' does not include a judgment that has
been expunged, set aside, or the equivalent.
- `(D) RULE OF CONSTRUCTION- Nothing in this
paragraph may be construed to require the Secretary to commence removal
proceedings against an alien.
- `(4) APPLICABILITY OF OTHER PROVISIONS- Sections
208(d)(6) and 240B(d) shall not apply to any alien filing an application
for registered provisional immigrant status under this section.
- `(5) DEPENDENT SPOUSE AND CHILDREN-
- `(A) IN GENERAL- 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--
- `(i) is physically present in the United States--
- `(I) on the date on which the registered provisional immigrant is granted such status; and
- `(II) on or before December 30, 2012;
- `(ii) meets all of the eligibility requirements
set forth in this subsection, other than the requirements of clause
(ii) or (iii) of paragraph (2).
- `(B) EFFECT OF TERMINATION OF LEGAL RELATIONSHIP-
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).
- `(C) EFFECT OF DISQUALIFICATION OF PARENT- 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).
- `(c) Application Procedures-
- `(1) IN GENERAL- 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.
- `(2) PAYMENT OF TAXES-
- `(A) IN GENERAL- 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.
- `(B) DEFINITION OF 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.
- `(C) DEMONSTRATION OF COMPLIANCE- 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.
- `(3) APPLICATION PERIOD-
- `(A) INITIAL PERIOD- 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).
- `(B) EXTENSION- 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.
- `(4) APPLICATION FORM-
- `(A) REQUIRED INFORMATION- The application form
referred to in paragraph (1) shall collect such information as the
Secretary determines necessary and appropriate.
- `(B) FAMILY APPLICATION- 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.
- `(C) INTERVIEW- 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).
- `(5) ALIENS APPREHENDED BEFORE OR DURING THE
APPLICATION PERIOD- 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--
- `(A) shall provide the alien with a reasonable
opportunity to file an application under this section during such
application period; and
- `(B) may not remove the individual until a final administrative determination is made on the application.
- `(6) ELIGIBILITY AFTER DEPARTURE-
- `(A) IN GENERAL- 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.
- `(B) WAIVER- 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--
- `(i) is the spouse or child of a United States citizen or lawful permanent resident;
- `(ii) is the parent of a child who is a United States citizen or lawful permanent resident;
- `(iii) meets the requirements set forth in clause (ii) and (iii) of section 245D(b)(1)(A); or
- `(iv) 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.
- `(C) ELIGIBILITY- 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.
- `(7) SUSPENSION OF REMOVAL DURING APPLICATION PERIOD-
- `(A) PROTECTION FROM DETENTION OR REMOVAL- A
registered provisional immigrant may not be detained by the Secretary or
removed from the United States, unless--
- `(i) the Secretary determines that--
- `(I) such alien is, or has become, ineligible for registered provisional immigrant status under subsection (b)(3); or
- `(II) the alien's registered provisional immigrant status has been revoked under subsection (d)(2).
- `(B) ALIENS IN REMOVAL PROCEEDINGS- Notwithstanding any other provision of this Act--
- `(i) 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--
- `(I) the Secretary shall provide the alien with the opportunity to file an application for such status; and
- `(II) 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--
- `(ii) 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--
- `(I) the Executive Office of Immigration Review shall notify the Secretary of such determination; and
- `(II) 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--
- `(C) TREATMENT OF CERTAIN ALIENS-
- `(i) IN GENERAL- 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--
- `(I) notwithstanding such order or section
241(a)(5), the alien may apply for registered provisional immigrant
status under this section; and
- `(II) 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.
- `(ii) LIMITATIONS ON MOTIONS TO REOPEN- The
limitations on motions to reopen set forth in section 240(c)(7) shall
not apply to motions filed under clause (i)(II).
- `(D) PERIOD PENDING ADJUDICATION OF APPLICATION-
- `(i) IN GENERAL- 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--
- `(I) may receive advance parole to reenter the United States if urgent humanitarian circumstances compel such travel;
- `(II) 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);
- `(III) shall not be considered unlawfully present for purposes of section 212(a)(9)(B); and
- `(IV) shall not be considered an unauthorized alien (as defined in section 274A(h)(3)).
- `(ii) EVIDENCE OF APPLICATION FILING- 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.
- `(iii) CONTINUING EMPLOYMENT- 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.
- `(iv) EFFECT OF DEPARTURE- Section 101(g) shall not apply to an alien granted--
- `(I) advance parole under clause (i)(I) to reenter the United States; or
- `(II) registered provisional immigrant status.
- `(8) SECURITY AND LAW ENFORCEMENT CLEARANCES-
- `(A) BIOMETRIC AND BIOGRAPHIC DATA- 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.
- `(B) ALTERNATIVE PROCEDURES- 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.
- `(C) CLEARANCES-
- `(i) DATA COLLECTION- 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--
- `(I) to conduct national security and law enforcement clearances; and
- `(II) to determine whether there are any
national security or law enforcement factors that would render an alien
ineligible for such status.
- `(ii) PREREQUISITE- The required clearances
described in clause (i)(I) shall be completed before the alien may be
granted registered provisional immigrant status.
- `(9) DURATION OF STATUS AND EXTENSION-
- `(A) IN GENERAL- The initial period of authorized admission for a registered provisional immigrant--
- `(i) shall remain valid for 6 years unless revoked pursuant to subsection (d)(2); and
- `(ii) may be extended for additional 6-year terms if--
- `(I) the alien remains eligible for registered provisional immigrant status;
- `(II) the alien meets the employment requirements set forth in subparagraph (B); and
- `(III) such status was not revoked by the Secretary for any reason.
- `(B) EMPLOYMENT OR EDUCATION REQUIREMENT- 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--
- `(i)(I) was regularly employed throughout the
period of admission as a registered provisional immigrant, allowing for
brief periods lasting not more than 60 days; and
- `(II) is not likely to become a public charge (as determined under section 212(a)(4)); or
- `(ii) 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.
- `(C) PAYMENT OF TAXES- 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).
- `(10) FEES AND PENALTIES-
- `(A) STANDARD PROCESSING FEE-
- `(i) IN GENERAL- 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.
- `(ii) RECOVERY OF COSTS- 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--
- `(I) to adjudicate the application;
- `(II) to take and process biometrics;
- `(III) to perform national security and criminal checks, including adjudication;
- `(IV) to prevent and investigate fraud; and
- `(V) to administer the collection of such fee.
- `(iii) AUTHORITY TO LIMIT FEES- The Secretary, by regulation, may--
- `(I) limit the maximum processing fee
payable under this subparagraph by a family, including spouses and
unmarried children younger than 21 years of age; and
- `(II) exempt defined classes of
individuals, including individuals described in section 245B(c)(13),
from the payment of the fee authorized under clause (i).
- `(B) DEPOSIT AND USE OF PROCESSING FEES- Fees collected under subparagraph (A)(i)--
- `(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
- `(ii) may be used for the purposes set forth in section 6(a)(3)(B) of such Act.
- `(C) PENALTY-
- `(i) PAYMENT- 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.
- `(ii) INSTALLMENTS- The Secretary shall establish a process for collecting payments required under clause (i) that--
- `(I) requires the alien to pay $500 in
conjunction with the submission of an application under this subsection
for registered provisional immigrant status; and
- `(II) 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).
- `(iii) DEPOSIT- 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.
- `(11) ADJUDICATION-
- `(A) FAILURE TO SUBMIT SUFFICIENT EVIDENCE- The
Secretary shall deny an application submitted by an alien who fails to
submit--
- `(i) requested initial evidence, including requested biometric data; or
- `(ii) any requested additional evidence by the date required by the Secretary.
- `(B) AMENDED APPLICATION- 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--
- `(i) is filed within the application period described in paragraph (3); and
- `(ii) contains all the required information and fees that were missing from the initial application.
- `(12) EVIDENCE OF REGISTERED PROVISIONAL IMMIGRANT STATUS-
- `(A) IN GENERAL- The Secretary shall issue
documentary evidence of registered provisional immigrant status to each
alien whose application for such status has been approved.
- `(B) DOCUMENTATION FEATURES- Documentary evidence provided under subparagraph (A)--
- `(i) shall be machine-readable and tamper-resistant, and shall contain a digitized photograph;
- `(ii) 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;
- `(iii) 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);
- `(iv) shall indicate that the alien is authorized to work in the United States for up to 3 years; and
- `(v) shall include such other features and information as may be prescribed by the Secretary.
- `(13) DACA RECIPIENTS- 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.
- `(d) Terms and Conditions of Registered Provisional Immigrant Status-
- `(1) CONDITIONS OF REGISTERED PROVISIONAL IMMIGRANT STATUS-
- `(A) EMPLOYMENT- 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.
- `(B) TRAVEL OUTSIDE THE UNITED STATES- 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--
- `(i) the alien is in possession of--
- `(I) valid, unexpired documentary evidence
of registered provisional immigrant status that complies with subsection
(c)(12); or
- `(II) 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;
- `(ii) 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;
- `(iii) the alien meets the requirements for an extension as described in subclauses (I) and (III) of paragraph (9)(A); and
- `(iv) the alien establishes that the alien is
not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of
section 212(a)(3).
- `(C) ADMISSION- 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.
- `(D) CLARIFICATION OF STATUS- An alien granted registered provisional immigrant status--
- `(i) is lawfully admitted to the United States; and
- `(ii) may not be classified as a nonimmigrant or as an alien who has been lawfully admitted for permanent residence.
- `(2) REVOCATION-
- `(A) IN GENERAL- 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--
- `(i) no longer meets the eligibility requirements set forth in subsection (b);
- `(ii) knowingly used documentation issued under this section for an unlawful or fraudulent purpose; or
- `(iii) was absent from the United States--
- `(I) for any single period longer than 180 days in violation of the requirements set forth in paragraph (1)(B)(ii); or
- `(II) 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.
- `(B) ADDITIONAL EVIDENCE- In determining whether to
revoke an alien's status under subparagraph (A), the Secretary may
require the alien--
- `(i) to submit additional evidence; or
- `(ii) to appear for an interview.
- `(C) INVALIDATION OF DOCUMENTATION- 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.
- `(3) 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)).
- `(4) TREATMENT OF REGISTERED PROVISIONAL IMMIGRANTS- 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--
- `(A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986;
- `(B) shall be subject to the rules applicable to
individuals not lawfully present that are set forth in subsection (e) of
such section; and
- `(C) 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).
- `(5) ASSIGNMENT OF SOCIAL SECURITY NUMBER-
- `(A) IN GENERAL- 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.
- `(B) USE OF INFORMATION- 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.
- `(e) Dissemination of Information on Registered Provisional
Immigrant Program- 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--
- `(1) the procedures for applying for such status;
- `(2) the terms and conditions of such status; and
- `(3) the eligibility requirements for such status.'.
- (b) Enlistment in the Armed Forces- Section 504(b)(1) of
title 10, United States Code, is amended by adding at the end the
following:
- `(D) An alien who has been granted registered
provisional immigrant status under section 245B of the Immigration and
Nationality Act.'.
2101
REGISTERED PROVISIONAL IMMIGRANT STATUS