WASHINGTON – The Immigration and Naturalization Service
(INS) announced today the issuance of a final rule for
adjustment-of-status application procedures under the Legal
Immigration Family Equity (LIFE) Act legalization provisions.
The final rule will be published in the Federal Register on
June 4, 2002, and ensure that those eligible to apply for
legalization benefits under the provisions of the Life Act are
able to do so by May 31, 2003. The INS is extending
the filing deadline by one year comply with the Congressional
mandate of allowing a one-year filing period under the final
rule. This will provide ample time for eligible applicants to
apply for benefits under the final regulations.
“With the issuance of the final rule for benefits under
the LIFE Act provisions, we are hopeful that more eligible
applicants will submit their applications for lawful permanent
residency in the United States,” said INS Commissioner James
Ziglar. “We believe the one-year extension will provide a
golden opportunity for all eligible applicants to become
lawful permanent residents,” he added.
In order to qualify for adjustment, eligible applicants
must establish that they entered the United States before
January 1, 1982, and thereafter resided in continuous unlawful
status through May 4, 1988. Eligible applicants must also
establish that they were continuously physically present in
the United States from November 6, 1986, through May 4, 1988.
Eligible applicants must also demonstrate basic citizenship
skills and be eligible for admission to the United States
under the Immigration and Nationality Act. Life Legalization
also provides for a stay of removal or deportation and work
authorization for eligible applicants under this law while
their adjustment applications are pending.
The LIFE Act also provides that certain spouses and
children of eligible applicants under the LIFE Legalization
will be protected from removal and be eligible for employment
authorization for the period of time in which they have been
afforded Family Unity protection. Aliens who might benefit
from the Family Unity provisions of the LIFE Act Amendments
are those who:
- Are currently in the United States;
- Are the spouse or unmarried child of an alien who is
eligible for adjustment under LIFE Legalization; and
- Entered the United States before December 1, 1988, and
were residing in the United States on such date.
On June 1, 2001, Justice Department published an interim
rule in the Federal Register that implemented section 1104 of
the LIFE Act and the LIFE Act Amendments by establishing
procedures for certain class action participants to become
lawful permanent residents of the United States. Persons who
are eligible are individuals who have filed for class
membership with the Attorney General, before October 1, 2000,
in one of three legalization lawsuits: (1) Catholic Social
Services, Inc. v. Meese, Reno v. Catholic Social Services,
Inc., 509 U. S. 43 (1993) (CSS); (2) League of United Latin
American Citizens v. INS, (3) Zambrano v. INS. The
interim rule provided a 1-year application period from June 1,
2001, to May 31, 2002 for those individuals applying for
adjustment of status pursuant to section 1104 of the LIFE Act.
The interim rule also provided for a stay of removal and work
authorization for certain spouses and unmarried children of
those aliens eligible to adjust status under section 1104 of
the LIFE Act.
More information regarding the final regulations of the
LIFE Act legalization provisions can be obtained through the
INS Web site
www.ins.gov,
the toll-free customer telephone service 1-800-375-5283, and
public outreach to the media and community-based
organizations. Forms can be easily downloaded from the INS Web
site www.ins.usdoj.gov, or requested by calling
1-800-375-5283.
“Since immigration law is very complex, individuals who
have concerns about their eligibility for LIFE Act benefits
should be cautious to avoid unscrupulous immigration
practitioners. They should contact a licensed attorney or a
legal service provider recognized by the Board of Immigration
Appeals,” urged Executive Associate Commissioner for
Immigration Services, William Yates.
(A list of legal service providers recognized by the Board
of Immigration Appeals is available on the Internet site www.usdoj.gov/eoir
under “Pro Bono Program.”)
– INS –
