As we all know there new changes in the USA immigration system, that is why we are sharing with you one of the changes which is new lawful Prospective immigrant status for undocumented immigrants and all you need to know.
First of all, what is LPI Status?
LPI is a lawful status for undocumented immigrants that leads to citizenship.
How long does it last?
LPI status is granted for 6 years. it can be extended for another 6 year term. But know that this status can be revoked at any time if the person fails any criminal background check.
Now, what are the basic requirements –
- You must pass criminal and national security background checks at the initial filling and extension filing.
- You have to submit an application
- Pay filling fees unless you are exempt from fees
- You have to be physically present in the United States when you apply.
- The individual must have been continuously present in the US from January 1, 2021 until the application is approved
- If you are outside the United States due to removal or you have departed on or after January 20, 2017, but was previously inside the United States for at lease 3 years before leaving, you may get waiver to come back to United States under LPI status.
What about the individual’s spouse and Children, will they get status?
A separate application is not required for spouse and Children to qualify, of the non Citizen.
Will I get a card to show proof of LPI Status?
A non Citizen will also get a social security card and Employment Authorization Document.
Also, a non citizen may travel outside the US not longer than 180 days and enroll in qualified health plans under the Affordable Care Act.
Now lets talk about who is not eligible for LPI Status-
1. A person with failed national security check
2. A person with a criminal history
3. Smuggled non citizens
4. A person that avoided military service.
5. International Child Abductions
6. Renunciation of US citizenship to avoid taxes
9. Lawful Permanent Residents
10. Paroled into the common wealth of the norther Marlana Islands or Gwam
11. Non immigrants- if you are here on a lawful status in temporary visa. But this have some exemptions, I will talk about that next
Who Is Exempt From The Non Immigrant Bar?
1. Spouse and Children
2. Individuals engaged in essential critical labour or services during Covid
3. TPS recipients
So all these people are exempt and they may apply for the LPI visa.
New Lawful Prospective Immigrant Status USA Immigration
What about Unlawful Re-entry people –
Non citizens who were deported or took voluntary departure but unlawfully re-entered the US are eligible for LPI if they had re entered before Jan 1, 2021.
And Those Flippant Asylum Applicant – What About Them
Non citizens who knowingly filed a flippant asylum application are permanently barred from seeking immigration benefits.
However, this rule does not apply to those applying for LPI, that means these people can also apply for the LPI status.
Furthermore, can LPIs seek other relief?
If a non citizen is also eligible for another immigration status, they can apply for it.
Now What Are The Documents That Are Required For LPI Application?
1. Proof of Identity
2. Proof of physical presence inside the US
3. Proof showing eligibility for exemption of application fees.
More On New Lawful Prospective Immigrant Status USA Immigration-
Next Is How Can A LPI Get a Green Card –
1. Pass criminal and security check
2. File an application
3. Was in LPI status for at least 5 years
4. Has not been continuous absent from the US for more than 180 days in a calendar year. (exceptions apply)
5. Paid all applicable federal tax liability
Meanwhile, spouse and children may also apply for adjustment of status.
When Can LPI Apply For Naturalization –
You must own a LPI FOR 5 YEARS, then at the end of 5 years you apply for LPR which you will own for 3 years then you will be eligible for naturalization.
Finally, the last question is when can I apply for LPI status-
1. US citizenship act must pass house and senate.
2. Rules must be drafted within a year after President signs Act.
3. USCIS then publishes applications.
After all this is done, it will be made available for everyone to eligible to apply.
This write up is for you to prepare yourself and be ready with documents prior when the application forms will be made available, which is going to be in no time.
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Thank you for reading.
Also read: 6 Big Changes To US Immigration In 2021