The Immigration and Naturalization Service is emphasizing a little known provision that would give certain illegal immigrants in the United States, the ability to obtain legal status. The temporary provision, known as LIFE Act, is available to eligible illegal immigrants only till April 30.
"The Act provides relief for a number of individuals seeking to become lawful permanent residents, but it is not amnesty for all persons unlawfully in the United States," Mary Ann Wyrsch, acting commissioner for the INS said.
To qualify, the eligible illegal immigrant must meet the following criteria: the applicant has to show that she/he was in the US on December 21, 2000, the day
former president Bill Clinton signed the provision under section 245(i) as a bill; the applicant must have a sponsor - an immediate family member to file a visa petition or an employer to file a labour certification; as in all cases related to filing of labour certification, the prospective employers will have to demonstrate that they are unable to hire qualified legal workers.
To be eligible, the illegal immigrants could have entered the US illegally or became out of status (and hence become illegal) while residing in the country.
The applicant will have to pay $1,000 as penalty fee, plus $225 for processing the application.
"There has been a lot of confusion about this provision," Murali Krishna Devarakonda, a spokesman for the Immigrants Support Network said.
"People need to understand the implication of the December 21 rule. If you were in the US until December 21, but not on that day, bad luck. If you came after December 21, again bad luck."
"Most people seem to think that it is only an employment-based green card, because that's what they all go for," Devarakonda added. "Even a relative can file the petition for you."
Spouses, children, parents and siblings of US citizens, as well as spouses and unmarried children of legal permanent residents can also apply under the 245(i) provision.
Prior to the signing of the LIFE Act, illegal immigrants had to return to their home country to apply for a change in status.
And if found having lived in the US illegally, they could be potentially barred from returning to this country from three to 10 years.
INS expects approximately 640,000 people to be eligible to benefit from the new provision.
In order to reach the eligible illegal immigrants in New York, prominent politicians from the state - Senator Hillary Clinton, and Representatives Jose E Serrano and Nydia M Velazquez have prepared public service announcements for radio and television. The 30-second announcements will be broadcast from March 26.
"Not many are focused on it (the new provision) and not many people understand what it is," Devarakonda said. "People who can benefit the most (out of status H-1B visa workers, for instance) are not thinking about it. They are busy looking for jobs."
On March 27, ISN is holding its Second Annual Bay Area meeting at the Santa Clara City Library, Devarakonda said. An issue on the agenda is the provision under section 245(i).
Reports indicate that a bill drafted by Republican Congressmen from Long Island - Peter King and with bipartisan support of other legislators from New York, will seek to extend the deadline by six months, beyond April 30.
Acting Commissioner Wyrsch emphasized that US immigration law, including the provision under LIFE Act, was complicated.
"Those who have concerns about eligibility for the LIFE Act benefits should be cautious to avoid unscrupulous immigration practitioners," she added. "They should contact a licensed attorney or a legal service provider recognized by the Board of Immigration Appeals."