Resumindo o texto em ingles, enviado pelo escritorio de advocacia
Sacks & Kolken:
Esposas (ou maridos) de trabalhadores que tenham visto H-1,
e esposas (ou maridos) de permanent residentes que estejam aguardando
FORA dos EUA o seu visto, poderao vir antes do prazo determinado, com
um pedido desse novo alivio para elas (eles). O mesmo vale para os filhos.
Leia com atencao que vale a pena.
Legal Immigration and Family Equity Act (LIFE Act)
(Based on drafts from Congressional offices)
REAUTHORIZES SECTION 245(i) UNTIL APRIL 30, 2001
Under the LIFE Act, the ôgrandfatherö clause of Section 245(i)
from January 14, 1998 until April 30, 2001. As a result, any beneficiary
an immigrant visa petition or labor certification application filed before
April 30, 2001 will be able to apply for adjustment of status under Section
245(i) if necessary. However, for any applications filed after January
1998 (but before April 30, 2001) the applicant must prove they were
physically present in the United States on the date of the enactment of
LIFE Act in order to be eligible for Section 245(i) adjustment of status.
CREATES A NEW TEMPORARY VISA FOR SPOUSES AND MINOR CHILDREN OF LEGAL
PERMANENT RESIDENTS AWAITING AN IMMIGRANT VISA
In order to address the severe backlogs on the availability of visas for
families, the LIFE Act provides a remedy for the spouses and minor children
of legal permanent residents. Under current law, because these individuals
are intending immigrants, there is no way for them to legally come to
United States, even for a short visit. By creating a new ôVö
visa, the law
grants some family members a legal status and work authorization in the
* New ôVö Visa: Allows the spouses and minor children of lawful
residents (the Family 2A category only) who have been waiting more than
years for a green card, to enter the United States and be granted work
authorization. In order to qualify the spouse or child must meet the
* A green card petition was filed on or before enactment of the law.
sponsoring permanent resident must already have filed a green card petition
for the spouse or minor child with the INS as of the date that the LIFE
* Must have been waiting at least 3 years. The petition must either have
been pending with the INS for three years or more or, if the petition
been approved, the spouse or minor child must have been waiting at least
three years for their ôturnö in the green card line.
* Waiver of Grounds of Inadmissibility and Adjustment of Status. The
provides that periods in the United States in unauthorized status will
prevent someone from obtaining a V visa (º212(a)(9)(B) shall not
The law also would allow individuals already in the United States to apply
to ôadjust statusö to the new V category, even if they are
in the United
States unlawfully (º212(a)(6)(A), (7), and (9)(B) shall not apply).
reinstatement of Section 245(i), V visa holders will be eligible to adjust
their status to legal permanent resident under that section.
CREATES A NEW TEMPORARY STATUS FOR SPOUSES OF U.S. CITIZENS AWAITING AN
In order to address the severe backlogs on the processing of petitions
family members, the LIFE Act creates a remedy for the spouses of United
States citizens who are outside of the United States and waiting for the
approval of an immigrant petition. Any minor children who are seeking
accompany the spouse are also provided protection. By expanding the
eligibility for a K visa, the new law will allow the spouse of a U.S.
citizen to enter the United States and obtain work authorization while
waiting for the petition to be approved.
* Expansion of FiancTe Temporary Visa Category. The bill expands the
the ôKö visa, which currently allows fiancTes of U.S. citizens
to enter the
United States for the purposes of getting married, to be used by spouses
U.S. citizens who are already married and are waiting outside of the United
States for the approval of their immigrant visa petitions. Any minor
children who are accompanying the spouse can be included in the petition.
order to qualify the spouse and minor children must meet the following
* An immigrant visa petition must be previously filed. The law requires
the U.S. citizen file an immigrant petition before a visa can be issued
the spouse abroad. The K visa will allow the spouse abroad to enter the
and await the approval of the petition.
* Recipient of the K visa must be outside of the United States. The law
authorizes the visa to be issued by a consular officer outside of the
States. There is no provision to ôadjust statusö for someone
already in the
United States in an unlawful status.
* The K visa petition must be filed in the United States. The petition
the K visa must be filed in the United States by the U.S. citizen spouse.
* Must have a valid non-immigrant visa at the time that the K visa is
issued. Where the marriage to the U.S. citizen occurred outside of the
United, the K visa recipient must have a valid non-immigrant visa issue
the consulate where the marriage occurred.
* Available to current and future applicants. The bill provides that
new K status is available both to individuals with currently pending green
card petitions and future applicants.
* Work Authorization. Current law provides that K visa holders are permitted
to work in the United States. This provision would apply to these new
nonimmigrants as well.
ALLOWS FOR THE ADJUSTMENT OF STATUS OF CERTAIN LATE LEGALIZATION CLASS
Who Is Eligible for Relief:
The LIFE Act makes some modifications to the provisions of the 1986 amnesty
(Section 245A of the INA) and provides an opportunity to apply for this
relief only to those people who were part of certain class action lawsuits
against the INS for their improper handling of the 1986 amnesty program.
qualify a person must prove that eh or she:
* Filed a written claim, before October 1, 2000, for class membership
v. Meese, LULAC v. Reno, or INS v. Zambrano (three of the various class
action lawsuits filed against the INS for their improper handling of the
1986 amnesty program).
* Entered the United States before January 1, 1982 and resided continuously
in the United States in an unlawful status through May 4, 1988.
* Was continuously physically present in the United Sates beginning on
November 6, 1986 and ending on May 4, 1988 (brief, casual and innocent
absences will not interrupt a finding of continuous physical presence).
* Files an application for adjustment of status with the Attorney General
within one year of the date on which the Attorney General issues final
regulations to implement the new law. The Attorney General is required
issue those regulations within 120 days after enactment.
* Has not been convicted of any felony or three or more misdemeanors,
not assisted in the persecution of any person (on account of race, religion,
nationality, political opinion or membership in a particular social group),
and is registered or registering under the Military Selective Service
(if required to do so under that Act).
* Is not inadmissible to the United States as an immigrant. The Attorney
General may (for humanitarian purposes, to assure family unity, or when
is in the public interest) waive any of the grounds of inadmissibility
except those relating to criminals, drug offenses, security grounds, and
public charge grounds. In addition, the Attorney General may grant a waiver
of the grounds of inadmissibility related to aliens seeking admission
previous removal and aliens present after previous immigration violations.
* Is able to pass the naturalization exam (relating to an understanding
basic civics and the ability speak, read, and write ordinary English),
show that they are satisfactorily pursuing a course of study (recognized
the Attorney General) to achieve such an understanding of English and
Relief Granted Under the Law:
* Eligible applicants will apply directly for permanent residence, rather
than for temporary resident status.
* The Attorney General is required to establish a process under which
alien who has become eligible to apply for adjustment of status as a result
of the enactment of this law and who is not physically present in the
States may apply for such adjustment from outside of the country.
* Applicants who submit a prima facie application under this law are
entitled to a stay of deportation, work authorization, and permission
travel while their application is pending.
* The limitation on judicial review under IIRAIRA (Section 377) will
apply to applicants under these modifications and they will be entitled
the same review allowed by the 1986 laws.
* Newly legalized persons will not be disqualified from receiving certain
public welfare assistance. (Under the original Section 245A applicants
disqualified from certain assistance for 5 years after their application
filed). However, they may still be subject to restrictions bases on the
1996 Welfare Reform Law.
* The confidentiality provisions of Section 245A (that generally prevent
information submitted on the application from being used for any purposes
except criminal prosecution) will apply, except that information submitted
by an applicant under the new law may be used in proceedings to rescind
adjustment of status.
GRANTS PROTECTION FROM DEPORTATION AND WORK AUTHORIZATION TO THE SPOUSES
CHILDREN OF LATE LEGALIZATION APPLICANTS
Consistent with laws passed in 1990 to protect the family of legalization
applicants who were already in the United States, the LIFE Act prevents
deportation of the spouses and minor children of a person who is applying
for late legalization under the new law. Also consistent with prior laws,
these family members are eligible for work authorization
Who Is Eligible for Relief: To be eligible for benefits a person must
that eh or she is:
* The spouse or unmarried child of a person who is eligible for adjustment
of status as a result of the late legalization provisions of the LIFE
* Entered the United States before December 1, 1998 and resided in the
United States on that date.
* Has not been convicted of a felony or three or more misdemeanors in
United States, has not assisted in the persecution of any person (on account
of race, religion, nationality, political opinion or membership in a
particular social group), or is otherwise not a danger to the community
the United States.
Relief Granted Under the Law:
* Eligible people will be protected from deportation for violations of
status in the United States but will continue to be deportable for other
grounds of deportation, including criminal activity.
* Eligible people will be entitled to work authorization in the United
* If the applicant for benefits under the late legalization provisions
the LIFE Act is applying from outside of the United States, the Attorney
General is required to establish a process by which eligible spouses and
children may be paroled into the United States in order to obtain the
benefits under the new law.
PROVIDES CERTAIN WAIVERS AND PROTECTIONS AGAINST DEPORTATION FOR APPLICANTS
UNDER NACARA AND HRIFA
Waiver of certain grounds of inadmissibility: In applications for adjustment
of status under NACARA and HRIFA, the Attorney General may waive certain
grounds of inadmissibility relating to re-entry after a previous order
deportation or removal (º212(a)(9)(A) and (C)).
Protection from reinstatement of prior orders of deportation or removal:
applications for adjustment of status, for suspension of deportation,
cancellation of removal as provided by NACARA or HRIFA, the Attorney General
is prohibited from reinstating previous orders of removal or deportation
order to prevent those applications from being filed (º241(a)(5)
Availability of Motions to Reopen: NACARA and HRIFA applicants who become
eligible to apply for adjustment of status, suspension of deportation,
cancellation of removal as a result of the changes contained in the LIFE
will be able to file one Motion to Reopen any exclusion, deportation,
removal proceedings in order to apply for an adjustment of status under
Act. This right to file a Motion to Reopen exists notwithstanding any
and numerical limitations otherwise imposed under the Immigration and
Matthew L. Kolken
Sacks & Kolken