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Scramble, Confusion over Legal Status for Aliens

Aseem Chhabra

Uncertainty and fear haunt many illegal immigrants as the April 30 deadline approaches.

By then, certain illegal immigrants in United States could apply to obtain a legal status but many people remain confused about the temporary provision known as the LIFE Act.

Immigration advocates fear that people who are not eligible to stay under the law will apply anyway and thereby risk being deported. In addition, people struggling to understand complicated immigration rules may file the forms incorrectly or hold up their applications until it is too late.

There is also the fear of unscrupulous immigration consultants charging applicants large sums of money for wrong advice.

In many places, immigrants and their supporters are upset over what they describe as the high-handedness of the authorities. And advocacy groups are demanding the deadline be extended by at least six months, though they admit that the government would be relenting.

A federal lawsuit filed on April 13 by 19 plaintiffs alleges that the Immigration and Naturalization Service's Chicago office is unfairly trying to deport the victims of immigration consultants who charged them high fees and improperly filled out their paperwork.

Under the terms of the LIFE Act an applicant has to show that she/he was in the US on December 21, 2000, the day 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 labor certification.

In cases related to filing of labor certification, the prospective employers will have to demonstrate that they are unable to hire qualified legal workers.

"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 recently.

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," said Murali Krishna Devarakonda, a spokesman for the Immigrants Support Network.

"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."

The approaching April 30 deadline has couples hastening their marriages and family members helping one go through the complex forms. Some ineligible immigrants will face deportation, which the federal lawsuit aims to halt.

INS officials however state that they are just following the laws, and eventually it is each individual's responsibility to find out if he or she qualifies under the LIFE act.

The officials warn that people should not file an application before the immigration service if they are not eligible.

A similar provision of section 245(i) was extended for a brief period in 1998 (it expired on January 14 1998).

That temporary provision also led to a desperate rush of illegal immigrants trying to legalize their status. One review of 2,600 applications sent to the INS in Chicago before January 14, 1998, indicates that an estimated 40 percent of applicants were turned down.

Advocates for immigrants' rights are calling for a broader solution that would provide an amnesty to legalize the millions of undocumented immigrants living in the United States.

And some in Congress including the Republican Congressmen from Long Island, Peter King, are calling for a 6-month or 1-year extension of the law. However it is unlikely that any legislation will pass before the April 30 deadline.

INS officials and advocates are also holding local workshops to educate immigrants and to discourage them from paying notaries public, travel agents and immigration consultants for help.

INS has set up a page, http://www.ins.gov/graphics/publicaffairs/questsans/life245iq&a.htm on its official site to answer questions regarding the LIFE act.

Eligible applicants can also download applications forms from the following INS site: http://www.ins.gov/graphics/services/residency/041301ad.htm

"Those who have concerns about eligibility for the LIFE Act benefits should contact a licensed attorney or a legal service provider recognized by the Board of Immigration Appeals," Acting Commissioner Wyrsch said.

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