Entitled the Legal Immigration and Family Equity Act
("LIFE"), this legislative package represents a compromise by Republicans who rejected the Democratic proposal known as the Latino Immigration Fairness Act ("LIFA").

Prior to the 1996 law, certain illegal immigrants were permitted to legalize their status with the payment of a fine. The 1996 law changed all that, generally requiring illegals to return home under all circumstances except asylum.

Under the new Act, Section 245(i) of the Immigration and Nationality Act becomes temporarily available to illegal immigrants present in the United States at the time the Bill is signed by Clinton. Under the provision, a person who--if it weren't for their illegal status--would qualify to immigrate (such as the spouse of a US citizen), may adjust status after payment of a $1000 fine is made, and providing the application is submitted prior to April 30, 2001.

The ACT also provides for a new temporary visa, known as the "V" visa.  In the past, spouses and minor children of legal permanent residents have had to wait four or five years out of the country and unable to visit their spouse or parent while waiting for green card priority
dates to become current. Now, recipients of this new visa will be eligible for employment, as well as protection from deportation.

Another new visa, a variation on existing "K" status will be available to spouses of U.S. citizens, and to their children, who are living abroad. The current K visa allows  fiancés of US citizens to come to the US for marriage, and to work pending the marriage. Spouses usually have to wait for up to a year to join their American wife or husband, and permission to visit in the interim is rare. Spouses approved for the new K visa
would be granted temporary work authorization.

In another section of the Act, certain late legalization applicants, such as
CSS and LULAC members, would be able to apply for adjustment of status if they meet certain criteria. Spouses and minor children of those applicants may receive protection from deportation and work authorization.

Stay tuned for further details as they become available, and please join us for a chat with attorney Carl Shusterman on Friday 12/22/00 at 6pm Pacific time, 9pm Eastern time.

12/15/00

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