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May 31, 2001
INS Implements Legalization Provision of the LIFE Act
For Applicants of Three Class Action LawsuitsWASHINGTON – The U.S. Immigration and Naturalization Service (INS) will publish an interim rule in the Federal Register tomorrow, June 1, 2001, allowing applicants of three long-standing class action lawsuits to apply for adjustment of status to that of lawful permanent resident. This rule implements the legalization provision, Section 1104, of the Legal Immigration Family Equity (LIFE) Act and Section 1504 of the LIFE Act Amendments (LIFE Act) enacted on December 21, 2000.
An estimated 440,000 individuals may be eligible to apply for this benefit, termed LIFE Legalization, which addresses three separate class-action lawsuits that were filed in the late 1980s challenging INS’ implementation of the legalization provisions of the 1986 Immigration Reform and Control Act.
"LIFE Legalization provides relief for a number of individuals seeking to become lawful permanent residents, but it is not a general amnesty program for all persons unlawfully in the United States," said Acting Commissioner Kevin D. Rooney. "It applies only to those persons who were unsuccessful in applying for a legalization program that existed about 13 years ago, and who subsequently applied for class membership in the CSS, LULAC or Zambrano lawsuits to argue that they were incorrectly denied legalization or that they were discouraged from applying."
To be eligible for LIFE Legalization, applicants must:
- Have filed with the Attorney General a written claim for class membership, with or without a filing fee, in one of the following legalization lawsuits before October 1, 2000: CSS, LULAC or Zambrano;
- Have entered the United States before January 1, 1982, and resided continuously in the United States in an unlawful status since that date through May 4, 1988;
- Have been physically present in the United States during the period beginning on November 6, 1986, and ending on May 4, 1988;
- Be admissible to the United States;
- Have no conviction for a felony or for three or more misdemeanors committed in the United States; and
- Demonstrate basic citizenship skills or be pursuing a recognized course of study to achieve basic citizenship skills.
Eligible persons will have a one-year period to apply for the LIFE Legalization program. The application period begins on June 1, 2001, and ends on May 31, 2002. They may apply from within the United States or from abroad. All prospective applicants must first read the supplementary instruction sheet, Form I-485 Supplement D and then mail in a completed Form I-485 (Application to Register Permanent Residence or Adjust Status) with all required documentation, the $330 filing fee plus the $25 fingerprinting fee (unless exempt from fingerprinting). Applications must be postmarked on or before May 31, 2002.
The LIFE Act also provides employment authorization and protection from several grounds of removal to certain spouses and children of persons who are eligible to apply for LIFE Legalization. To be eligible for these benefits–termed Family Unity benefits–applicants must:
- Be currently in the United States,
- Be currently the spouse or unmarried child (under age 21) of a person eligible for LIFE Legalization, and
- Have entered the United States before December 1, 1988, and were residing in the United States on December 1, 1988.
Eligible persons will be able to apply for Family Unity benefits at any time beginning on June 1, 2001. To apply for Family Unity benefits, applicants should mail in a completed Form I-817 (Application for Family Unity Benefits) along with required documentation, and the $120 filing fee plus $25 fingerprinting fee (unless exempt from fingerprinting).
Where to Apply
All applications related to LIFE Legalization or Family Unity benefits should be mailed to the following post office box (P.O. Box) address:
U.S. Immigration and Naturalization Service
P.O. Box 7219,
Chicago, IL 60607-7219Additional Information and Forms
Additional information and application forms regarding LIFE Act benefits— including the supplementary instruction sheet, Form I-485 Supplement D—are available on the INS Web site www.ins.gov> (forms can be downloaded from the site), or by calling the INS toll-free customer telephone service: 1-800-375-5283.
"Those 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 Acting Commissioner Rooney.
(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 –
