Facts about LIFE
On December 21, 2000, the LIFE Act - or Legal
Immigration and Family Equity Act - was signed into law. LIFE is what
was passed instead of the Latino Immigration Fairness Act - better known
as LIFA. LIFA would have helped put Haitians on the same par with Cubans
and Nicaraguans who were granted legal residency nearly four years ago.
Instead, LIFE contains a series of immigration benefits destined to
alleviate some of the backlog of certain family and work visas and to
provide additional possibilities for a limited number of immigrants who
have been unable to regularize their situations under previous amnesty
and other laws. It’s main benefit is that it allows certain people to
become permanent residents while either remaining in the US instead of a
mandatory wait in their home country or to enter the US while awaiting
completion of their petition for residency.
What follows below are a number of facts concerning
the LIFE Act, and updates from the INS.
What LIFE is not.
LIFE is NOT a general amnesty. It does not provide for the regularization of status of immigrants who arrived or remained in U.S. illegally. The last amnesty was enacted in 1986 and was valid only for certain people who had been in the U.S. since before 1982. It does not provide an opportunity for refugees or asylum seekers of certain nationalities (including Haitians and central Americans) to receive the same benefits as Cubans and Nicaraguans in NACARA three years ago. It does not restore Medicaid or food stamps to legal permanent residents that were taken away in legislation of 1996. Finally, it does not provide for judges to make case-by-case determinations in cases of deportation for aggravated felony.
What does LIFE include?
- A temporary extension of Section 254i
- A new “V” visa for spouses and children of legal permanent residents
- An expanded “K” visa for spouses and children of US citizens
- Adjustment of status for certain members of class action suits
- Protections for applicants under HRIFA and NACARA
What is Section 245i?
Section 245i of the Immigration and Nationality Act allows certain applicants for permanent residency or labor certification to adjust their status in the U.S. without returning to their home country.
What are the deadlines for the extension of Section 245i?
Until now, the deadline for application under Section 245i was January 14, 1998. However, LIFE temporarily extends this provision to those filing applications between the dates of January 14, 1998 and April 30, 2001.
Who can petition for Section 245i?
Permanent legal residents and US citizens may petition (this person applies on another’s behalf) for various family members. Employers may apply for certain professionals and skilled workers.
Who can benefit from Section 245i?
- The spouse and unmarried children of any age of legal permanent residents
- The spouse, any children, parents and siblings of US citizens
- Alien eligible for residency based on a valid job offer.
- For example, this includes the following scenarios:
- Michelet was born in Haiti. He is single. His father is a permanent resident.
- Guerdy was born in Haiti. She is married. Her father is a U.S. citizen.
- Jeanine was born in Haiti. Her sister is a US citizen.
- Guerdy was born in Haiti. Her husband is a legal resident.
- Eddy was born in Haiti. His wife is a US citizen.
- Ronald was born in Haiti. His daughter is a US citizen.
Are there any fees involved?
In addition to the family petition fee (form I-130) of $110, a further $1,000 is due at the time of filing for adjustment of status (form I-485).
Are there any other requirements that must be fulfilled?
Beneficiaries must prove physical presence in the US on December 21, 2000. Government documents, receipts, bank records that show activity, and other affidavits with the seal or signature of the issuer on letterhead paper and the date of December 21, 2000 may also be used to prove physical presence.
Do I have to apply by April 30, 2001 to qualify?
Yes. Any application filed after this deadline will be rejected.
Due to the short deadline, do applications need to be complete to qualify?
No. In order to compensate for the rapidly approaching deadline, the INS will accept skeletal applications as long as the signature and filing fee are included. Supplemental documents may be filed at a later date.
How do I apply?
INS regulations for filing of petitions under Section 254i have not yet been published. However, if you meet the above qualifications, your eligible family member must still file an immigrant visa petition before April 30, 2001 (I-130, I-140 or I-360).
Can I get a work permit or travel outside the U.S?
No.
What is the new “V” visa?
- The new “V” visa creates temporary visas for spouses and unmarried minor children of legal permanent residents who have been waiting for a visa for more than 3 years.
- It allows the spouse or child to enter or stay in the U.S. and to obtain work authorization while waiting for their green card.
- The INS has not yet published regulations for application for a “V” visa.
How does my spouse or child qualify?
- S/he must have been waiting for at least three years, and
- A petition for a green card must have been filed on or before December 21, 2000.
What is the “K” visa and what does its expansion mean?
- The “K” visa currently allows fiancés of U.S. citizens to enter the U.S. for up to 90 days before the wedding and to seek work authorization while waiting for their green card to be approved.
- The expansion would extend these privileges to spouses and minor children of U.S. citizens who are waiting outside the U.S. for approval of their residency application.
How can my spouse or children apply for a new “K” visa?
- The INS has not yet published regulations for the extended “K” visa.
- Outside the U.S., applicants can go to a U.S. consulate.
- Within the U.S., s/he can request a visa from the INS. S/he does not have to leave the country.
- An immigrant petition must be filed before filing for the “K” visa.
What constitutes adjustment of status for late legalization class members and what class action suits are affected?
- Certain applicants who were eligible for amnesty in 1986 and who were part of one of three class action lawsuits against the INS for mishandling of their claims are now eligible to adjust their status under the LIFE act.
- Protection from deportation is provided to spouses and children of these applicants who can also apply for work authorization.
- The class action suits include
- CSS vs. Meese
- LULSC vs. Reno
- INS vs. Zambrano
What conditions must applicants fulfill?
- Applicants must have entered the U.S. before January 1, 1982
- Can show physical presence in the U.S. from November 6, 1086 through May 4, 1988
- File an application within one year of the publication of regulations
- Is not eligible for deportation for an aggravated felony and
- Is able to pass the naturalization exam
What provisions does LIFE carry for applicants under HRIFA and NACARA?
Certain protections against deportation during the application period apply.
Information for this fact sheet comes from publications by the following:
INS – Immigration and Naturalization Service
AILA – American Immigration Lawyers’ Association
NIF – National Immigration Forum
NYIC – New York Immigration Coalition
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