Hey friends, if you're interested in learning more about the new lawful perspective immigrant
status, watch this video and this one, I'm going to take you into my presentation, which
breaks down what this LPI status is, who is eligible for it. And many other details pertaining
to the status LPI status is created the new us citizenship act that was just introduced
on Capitol Hill. I will be sure to keep you guys posted on the changes that are happening
with that bill. As of the filming of today's video, this is the framework that's laid out
in the U S citizenship act. Now, what is the LPI status? It's the lawful status for undocumented
immigrants that leads to citizenship? How long does it last? It's it's granted initially
for a term of six years and it can be extended for another six year term. And just note also
that it can be revoked.
If a person somehow fails the criminal or national security background check and takes
him or herself out of the eligibility category. Now, what are the basic requirements for applying
for this new status? The first thing is that one must pass the criminal and national security
background checks at both the initial filing and certainly at the extension filing as well.
Second, they must also submit an application pay application fees or filing fees unless
they are exempt from paying those filing fees. And the individual must also be physically
present in the United States when they apply for LPI status. And they must also have continuously
been present in the United States from January 1st, 2021 until the application is approved.
Now, lastly, if you're outside of the United States due to removal or you've departed from,
or you've departed from the United States on our, after January 20th, 2017, but you
were previously inside the United States for at least three years prior to leaving, you
may actually get a waiver to come back into the United States under this LPI status.
Now, what about your spouse and children? Will they also get the status? Yes. A separate
application is not required for your spouse or children to qualify or be eligible for
the LPI status. Will you get a card to show proof that you have this LPI status? Yes.
A non-citizen will also get a social security card and an employment authorization document.
Now what else? A non-citizen may travel outside of the United States so long as they don't
stay out for a period longer than 180 days. And they may also enroll in qualified health
plans under the affordable care act now who is not eligible for LPI status. Well, firstly,
those who fail the criminal history or background check, uh, others who fail the national security
a lengthy rulemaking process in which the agencies, the department of Homeland security,
I should say, will need to draft rules, which we'll drill down a bit further into the eligibility
criteria. But as of now, we know broadly that if an individual does not pass the background,
the criminal background and security, um, national security check, then they will not
get this LPI status. Additionally, those who have smuggled in non-citizens, others who
have avoided military service are also not eligible. Um, those who were caught up in
international child abductions, or folks who have given up their us citizenship in order
to avoid paying taxes, those individuals are not eligible for LPI status as well.
Additionally, if you're a lawful permanent resident, you're not eligible for it. And
quite frankly, you don't need it. Asylee is those who have been designated as an asylee,
um, are also not eligible for LPI. Same with refugees. If you have been given or granted
that refugee status, you're not eligible for LPI non-immigrant those who are here in a
lawful status temporarily do under some visa under a visa. You're also not eligible for
it. However, there are some exemptions and I'm going to talk about that shortly. And
then lastly, there's a small group of individuals who were paroled into Guam. They are also
not eligible for this LPI status. Okay. So going back to the non-immigrant bar now, uh,
spouses and children off the non-immigrant, who holds that non-immigrant visa, they are
exempt. They are actually eligible to apply for the LPI status. Also individuals who are
engaged in essential, critical labor or services during COVID, uh, folks who have the H two-way
visa, as well as TPS recipients, they are exempt and they may apply for this non-immigrant.
Um, they may apply for the LPI status. What about unlawful re-entry folks? Now, this is
interesting. And I, you know, I've alluded to this before in other videos, but non-citizen
according to the U S citizenship act non-citizens who were deported or took voluntary departure,
but they unlawfully reentered the United States. They are actually also eligible for LPI so
long as they had reentered before January 1st, 2021, they were physically here in the
United SPAC in the United on January 1st, 2021. Then they are actually eligible to apply
for the LPI status. What about those who had, uh, filed a frivolous asylum application or
had been found to have filed a frivolous asylum application? Well, those noncitizens who have
done that, um, under our current law, they are permanently barred from seeking any other
immigration benefit, but that rule does not apply under the U S citizenship act. And therefore
those individuals are eligible as well to apply for LPI status.
Now can be LPI individual seek other relief, right? If they had been granted the LPI status,
but now they're actually eligible for adjustment of status, maybe through a spouse, us citizen,
spouse, or us citizen child can Bay actually apply for adjustment of status. And the answer
is yes, under this bill in non-citizen is also eligible to apply for any other immigration
status that they're eligible to apply for. Now, what documents are required for LPI status?
Well, in my, in my last video on this topic, and I'm going to link to it here, I talked
a little bit about the documents that are required. Things such as your passport birth
certificate and the proof of your identity, the under the bill. You must also submit proof
of your physical presence here in the United States that you're here and, um, that you're
physically here in the United States.
And then if you're seeking exemption from paying the application fee, you'll, you'll
need to submit some documents to show that you're eligible for the exemption as well.
Now, how can an LPI get a green card? Well, firstly, they must pass the criminal and national
security background checks. They must also file the application and they must have been
in this LPI status for at least five years before they become eligible to adjust their
status. Next there's the continuous presence requirement. The LPI has not been continuously
absent from the United States for more than 180 days in a calendar year. And the bill
does provide some exceptions to that rule as well. Next, the LPI must also pay all federal
tax liability. Now spouse and children may apply for adjustment of status. Again, along
with the LPI. Now, when can an LPI apply for naturalization while the person must be in
that status for five years.
And then at the end of the five years, they're then able to apply for the green card through
the adjustment of status process. And they must be an LPR or a lawful permanent resident
for three years before they then become eligible to apply for naturalization. Now, along the
way they have to, again, pass criminal and national security background checks before
they're able to advance to the next level. So this is an eight year pathway to citizenship.
Now under the U S citizenship act, it tweaks the naturalization resident rules slightly.
What it does is it says that if an individual had been in lawful status and eligible for
work authorization for three years prior to becoming a lawful permanent resident, then
that individual can apply for naturalization. Once they've hit three years of residents
as a green card holder, rather than five, that's how it makes it possible for an LPI
to become naturalized at the eight year Mark.
Now, the big question that I've been getting a lot of is when can I apply for the new LPI
status while friends, you've got to remember that this is a process, right? The U S citizenship
act must first make its way through the house and Senate, and then to the president's desk
for signature. And we've already talked about how challenging that's going to be. However,
the legislators who have put this bill together, they're optimistic that they could get something
done, something robust and something substantial and something that would include a pathway
to citizenship for those who are here undocumented. Now though, after the bill passes, um, after
the bill is signed into law rules must then be drafted within a year after the president
signs it. And then U S I CIS will publish the application. So this is not going to be
an overnight process.
It will take some time for the LPI status application to be made available to you for
submission. This is one of those videos that you'll need to go back to from time to time
as the U S citizenship act makes its way through Congress so that you could just refresh your
memory on what the LPI status is and how it may impact you and your family. If this video
a thumbs up, if you enjoyed it, share it with other people, comment below, and I will see
you in the next one. Thanks so much for watching. Bye. Bye
[inaudible].