LEGAL LANGUAGE SERVICES

Glimmer of Hope for Those in the U.S. Illegally, But Only for a Short Period of Time

Alan M. Lubiner, January 2002

On December 21, 2000, President Clinton signed into law The Legal Immigration and Family Equity Act of 2000 (LIFE Act).  This new law allows persons illegally in the US to adjust status in the United States to permanent residence.

The law gives eligible people until April 30, 2001 to file an immigrant petition or labor certification application to be eligible to adjust their status in the US, but they need to prove that they were actually in the U.S. on December 21, in order to be eligible.  Under the changes made by the LIFE Act, Section 245(i) will be available for any beneficiary of a bona fide immigrant visa petition (an I-130, I-140, or I-360) or application for labor certification that is filed on or before April 30, 2001.

This new law extends the old law that required immigrant visa petitions or labor certifications to be filed prior to January 14, 1998 to provide adjustment of status eligibility.  The new law IS NOT an amnesty, nor does it give protection against deportation. It is an opportunity for those persons previously prevented from applying for adjustment of status because they missed the deadline of January 14, 1998, to apply for adjustment of status.  Those people include illegal entrants, crewmen, overstays and status violators.

The application is made on form I-485A and must accompany an application for adjustment of status on form I-485. The applications must include the applicable filing fee and a penalty fee of $1,000.00.  Keep in mind, however, that an application for adjustment of status cannot be made unless an immigrant petition has already been approved and a quota number is currently available, or unless an immediate relative petition is filed simultaneously with the application for adjustment of status based upon a currently approvable and available quota category.

Disclaimer:
This the information provided in this article should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult with a lawyer concerning your own situation and any specific legal questions you may have.