Section by Section Summary of the Border Security ... - Siskind, Susser

From the point where a person files for RPI status and the date DHS makes a decision, theperson may receive advance parole status to reenter the US if “urgent humanitariancircumstances” compel travel. The person may not be removed during that period unlessDHS makes a prima facie determination that the person is ineligible for RPI status. Apending RPI applicant shall not be considered unlawfully present and not considered anunauthorized alien. RPIs and RPI applicants granted advance parole are not barred fromreadmission.DJS will provide applicants for RPI status with a receipt as soon as practical after filing.Employers who learn an employee has filed for RPI status or will apply for RPI status oncethe application period opens is not in violation of IRCA if the employer continues toemployer the person during the pending period.Security and Law Enforcement Clearances. DHS may not grant RPI status unless theapplicant submits biometric and biographic data in accordance with procedures set by DHS.The data will be used to conduct a background check. That check must be completed beforeRPI status will be granted.The initial period of RPI status will be six years unless revoked before that. Additional sixyear extensions are permitted if the person remains eligible for RPI status.RPI status may not be extended unless the person during the period of RPI status theperson was regularly employed as an RPI and has no unemployment periods greaterthan 60 days or is likely to become a public charge or the person can show income orresources of at least 100% of the Federal poverty level throughout the period ofadmission.Applicants may not be granted extensions of RPI status unless they have paid taxesduring the RPI period.People over 16 applying for RPI status or an extension of RPI status shall pay a fee to DHS.A maximum fee per family may be established. Certain classes of individuals may beexempted from the fees.A penalty of $1000 shall also be assessed on applicants over the age of 21. $500 will bedue at the time of the initial application and the remaining $500 shall be paid in periodicinstallments that shall be completed before an extension is granted.An application will be denied if the person fails to submit requested initial evidence(including biometrics) or any requested additional evidence by the date DHS determines.Denied applicants can file an amended petition if the initial application was filed during theapplication period and contained all the required information and fees that were missingfrom the initial application.DHS will provide an RPI document to each approved applicant. The document will bemachine-readable and tamper resistant and have a digitized photograph. The card will bevalid for travel and employment. The card will be valid for up to three years.Unless DHS determines that a DACA recipient has engaged in conduct making the personineligible for RPI status, DHS may grant RPI status after new background clearances areconducted.