Can I file for a marriage based green card in RPI status?

In the Obama Immigration Reform, if an unauthorized alien applies to adjust status to RPI, then, for the duration of that status (five years for the so-called DREAMers who entered the United States as children and ten years for all other immigrants), he of she cannot take advantage of other pathways to lawful permanent residency.  For instance, an undocumented immigrant who petitions for Registered Provisional Immigrant (RPI) legal status and is either during the approval process or when it has been granted, gets married to a United States citizen or LPR and is eligible for adjustment to permanent resident status based on marriage, she or he will not be able to do so.  The rationale behind this restriction is that the RPI status alien already has many of the benefits and privileges of a green card holder except of course the permanency part, but this prevents them from jumping the line, so to speak, so that they do not get a green card ahead of all others who have been patiently waiting in line for their turn.

Newer Post Older Post Home