Last December President Clinton signed into law a major package of immigration law called the Legal Immigration and Family Equity Act (LIFE).  These are the major provisions:

1. Section 245(i) is extended to April 30, 2001.  This is not an amnesty program. It allows a person who qualifies for a green card but is ineligible to adjust status in the United States because of immigration status violation, to pay a $1,000 fee and continue processing an application in the United States.  To take advantage of this new provision, every eligible applicant has until April 30, 2001 to file an immigrant visa petition (I-130, I-140, or I-360) with the Immigration and Naturalization Services (INS) or a labor certification application with the department of Labor (DOL).
2. To be eligible under this provision, an applicant who files after January 14, 1998 (but before April 30, 2001 must prove physical presence in the United States on December 21, 2000 (the date when the LIFE act was enacted).  Evidence may include utility bills, credit card bills, medical bills, checking account statements, or rent receipts that include the applicant’s name.
3. The life act also created a new, temporary (“V”) non-immigrant status. This allows a spouse and minor child of a lawful permanent resident who has been waiting more than 3 years for a green card, to enter the United States. To qualify, the spouse or minor child must meet these requirements: a) a green card petition must have been filed as of December 21, 2000 and b) the beneficiary must have been waiting for at least 3 years.
4. A fiancé visa is available to the spouse of a U.S. citizen and their children, enabling them to enter the United States.  These conditions must be met: a) An Immigrant visa petition must have been filed before December 21, 000, b) the fiancé must be outside the United States c) the fiancé visa petition must be filed in the United States by the I.S. citizen, and d) if the wedding was held outside the United States, the fiancé visa must be issued at the U.S. consular office in the country where the wedding took place.  With this visa, a work permit is granted.
5. Certain late legalization class members can adjust for their green card under the 1986 amnesty programs.  Under the provision, persons who filed before October 1, 2000 for class membership under the 1986 amnesty programs may apply to adjust their status during the INS issues its regulations within 120 days after enactment of the law. Further, the claimant must prove that he or she: a) entered the United states before January 1, 1982 and has resided continuously in the United States in an unlawful status through May 4, 1988, b) has maintained continuous physical presence in the United States from November 6, 1986 to May 4, 1988, c) has not been convicted of any felony or 3 more misdemeanors, d) is not inadmissible to the United States as an immigrant and e) knows United States history and is able to speak, read and write English.
6. There are specific waivers and protection against deportation.  Due to both the complexity and frequent changes in the immigration laws, you should consult an attorney before preparing the necessary documents for green card processing.  Please do not hesitate to call our office if you have any questions.