been in the U.S. several years before December 31, 2011 and she overstayed her visa. She has no criminal record in the U.S. or abroad.
If this new bill passes and she files under it:
She pays the proposed $500 fine and any unpaid taxes. She then becomes a Registered Provisional Immigrant (RPI) for 5 years which is renewable for another 5 years that is attached with another $500 fine. After a minimum of 10 years under RPI status, she can apply for Permanent Residency Status which includes a fee of $1000 like any other immigrant.
What if during this 10 year RPI; she applies for the DV and wins; or she and I (U.S. citizen by birth) get married?
Does she still have to wait until the end of the 10 years to get a green card or does she acquire a new status if she wins the DV or get married?
This bill is not LAW yet. Stay tuned!
Garmo Law Group, PLLC (Michigan) 248-626-0050. This advice is only general in nature and does not constitute an attorney/client relationship. Speak to an experienced attorney before making decisions.
I agree with my colleague above. Stay tuned to the news and look for changes to be announced at www.uscis.gov. At present this is not/ not the law - there's still much to be debated and decided!
The answer above is a general response and should not be taken as binding legal advice. You should contact an immigration attorney to fully address every issue of your case.
It's not law yet and a lot can happen before it is.
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It sounds as though if you get married that she can adjust her status to permanent resident before any reform bill passes.
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