"Life Act" helps many immigrants
Former President Clinton signed the Legal Immigration and Family
Equity ("LIFE") Act, on December 21, 2000. This law has several
important provisions:
- The law extended the eligibility for section 245(i) protection from January 14, 1998 to April 30, 2001. This section allows people who are out of status, worked without authorization, violated their status or entered without inspection to adjust status if they are otherwise
eligible for a Green Card. To qualify, a person must have filed a labor certification or immigrant petition on or before April 30, 2001. Also, the person must have been physically present in the United States on December 21, 2000. It is NOT necessary to file the actual I-485 by
April 30, 2001.
- If you filed a labor certification or immigrant visa petition
between January 14, 1998 and April 30, 2001 it is important
to save proof that you were in the United States on December 21,
2000, in the event you may need to take advantage of this new
law.
- The law also creates a new "V" visa to allow certain wives and minor children of U.S. permanent residents to live and work in the United States while waiting for their Green Cards. To qualify, the immigrant petition must have been filed before December 21, 2000, and the family
member must have been waiting at least three years for a Green Card. The law applies to persons living abroad, even if they are subject to the 3 or 10 year bars for prior unlawful presence in the U.S.. It also applies to persons living in the U.S., even if they are here illegally. Such
people should not leave the U.S. to obtain a V visa, but should apply within the U.S. using form I-539 and following the special instructions in Supplement A.
- The law broadens the "K" visa to allow wives and
minor children of U.S. citizens to live and work in the U.S. The
immigrant petition must have already been filed and you must have the I-130 receipt. There is no
3-year waiting period, and the petition does not need to have been
filed before December 21, 2000. This provision does not apply to
wives and children who are already present in the U.S. (who
would generally be able to adjust status immediately).
- To obtain a K-3 visa, you must first apply to the Missouri Service Center using form I-129F and including a copy of the I-130 receipt. Once this petition is approved, you must apply at the consulate in the country where
the marriage took place for the actual visa. If the marriage took place in the U.S., you apply in the country where the foreign spouse resides.
- The law also provides certain benefits to late amnesty
registrants, and provides additional waivers for certain NACARA
and HRIFA applicants. For details, click on the first
"info" tag above.
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