Under LIFE act, a person who qualifies for a green card, but is ineligible to adjust status in the united States due to an immigration status violation, is allow to pay $1,000.00 penalty and continue processing for a green card in the United States.  Eligible people had until April 30, 2001 to file an immigration visa petition (I-130, I-140, or I-360) with the Immigration and Naturalization Service (INS) or a labor certification application with the Department of Labor (DOL) in order to take advantage of this provision.

       Even if a person does not apply to adjust status until after April 30, 2001, as long as the petition or labor certification is filed before that date, if the applicant is qualified then their eligibility to apply for a green card will not expire.

       At the time this article was written there were no extensions to the April 30, 2001 deadline.  However there are several extension proposals to LIFE, in Congress.  President Bush has already stated his support of an extension.  You should keep in touch with this office for updates as to the extension of the deadline.

       The LIFE act only effect individual who have ordinarily been required to return overseas for the final green card processing.  There are certain groups of individuals that can still stay in the United States and obtain a green card in The United states, such as “immediate relatives” of United States citizens who entered the legally, can get an immigrant visa without leaving the United States.  Included in this group are the following: (a) a spouse of a United States Citizen, (b) parent of a United States citizen where the United States citizen child is 21 years old or over, (c) unmarried child under 21 years old of a United States citizen and (d) some widows or widowers of an United States citizen.
Remember in all the above-stated situation, the “immediate relative” entered the United Stated legally.

       In addition, the LIFE act also created a new temporary “V” non-immigrant status.  This allows spouse and minor children of lawful permanent residents waiting more than three years for a green card, to enter the United States.  A work permit will be granted.  This provision also applies if the spouse or minor child must meet the following criteria: (a) green card petition must be filed as of December 21, 2000 and (b) the beneficiary must be waiting three years.]

       Due to both the complexity and the constant changes in immigration laws, one should consult an attorney before preparing the necessary documents for their green card processing.  If you are looking for advice, feel free to call us.