THE ABC'S OF IMMIGRATION- LIFE LEGALIZATION

This week the INS announced that it would publish the final rule implementing provisions of the Legal Immigration Family Equity Act, more commonly referred to as the LIFE Act, that allow people to register for late amnesty benefits.  The provision allowing people to seek these benefits was originally set to expire this month, but under the final rule, an addition year for filing will be granted, making the filing deadline May 31, 2003.

In 1986, the Immigration Reform and Control Act (IRCA) granted amnesty to many undocumented immigrants who had been in the US continuously since 1982.  The INS interpreted the law to make people who had been absent from the US, for no matter how brief a period, ineligible for the amnesty.  This interpretation resulted in applications from thousands of people being “front-desked” – the term used for applications that were not even accepted for processing.  Many more people, hearing of this interpretation, did not even make applications.  Many lawsuits were filed challenging the INS interpretation of the amnesty, with the courts generally finding that the INS was in error.  Finally, in an attempt to settle these suits, the LIFE Act provided applicants with a one-year period in which to reapply.  The one-year application period began June 1, 2001 with the publication of INS regulations and will end on May 31, 2002.

To qualify for late legalization under LIFE, the applicant must show the following:  1)  On or before October 1, 2000 they filed a written claim for class membership in CSS v. Meese, LULAC v. Reno, or INS v. Zambrano;  2)  They entered the US before January 1, 1982 and resided continuously in the US in unlawful status from that point through May 4, 1988;  3)  They were continuously physically present in the US from November 6, 1986 through May 4, 1988; and  4) They must demonstrate a minimal understanding of ordinary English and a basic understanding of US government (the standard is lower than that of the citizenship test).

Applications will be filed at the new INS Service Center in Missouri with applicants being interviewed at their local INS offices.  Eligible applicants receive “work cards” and permission to travel outside the United States while their applications are pending. 

As was true under the original amnesty program, applications will be confidential and cannot be used by the INS to initiate deportation proceedings.   The LIFE Act expanded the family unity provision of the original law.   Spouses and children that entered the US before December 1, 1988 will be entitled to a work card and protection from deportation until such time as they themselves are eligible for residence.

Anyone who thinks they might be eligible for legalization under this provision of the LIFE Act must act quickly.  Congress waited 15 years to correct the mistakes INS made during the original Legalization program and this will likely be the last chance for those that missed the opportunity the first time around to get their long deserved “green cards”.