CONGRESS MAY EXTEND 245(i) FILING DATE

In our February and March/April 2001 newsletters we discussed the Legal Immigration Family Equity (LIFE) Act, which made it possible for those in the U.S. without status to obtain green cards, provided they filed a labor certification application or immigrant visa petition by April 30, 2001. 

Many people who could have benefited from this law missed the April 30 deadline. Fortunately, it appears likely that the deadline will be extended.  On May 1, 2001 President Bush wrote a letter urging Congress to extend the April 30 deadline [CLICK HERE FOR THE FULL TEXT OF THIS LETTER].  It appears likely that the Congress will follow this suggestion, and that there will be another chance to qualify for the provisions of 245(i). On May 21, 2001 the House of Representatives overwhelmingly passed a bill (H.R. 1885) to extend the deadline by four months.  If the Senate passes a similar bill, it will become a law that President Bush will certainly sign.

Also, there is a movement underway to convince Congress to extend the filing deadline indefinitely.  If Congress agrees, then eligible applicants will be able to adjust their status to green card status regardless of the date they file the labor certification application or immigrant visa petition. 

INS ANNOUNCES THAT IT WILL NOT USE INFORMATION FROM 245(i) FILINGS TO DEPORT APPLICANTS

Many potential applicants were discouraged from filing labor certification applications before April 30 for fear that the information provided in the applications would be used by the INS to deport them.  However, in a policy memorandum dated April 27, 2001, the INS announced that the information on the labor certification applications and immigrant visa petitions filed to meet the LIFE Act deadline will not be used to start deportation (“removal”) of those illegally in the U.S.  Click HERE for a complete copy of this memorandum.  If President Bush’s suggestion to extend the LIFE Act deadline is implemented by Congress, it is likely that this protection against using the information against the applicant will be extended as well.

The memorandum also makes it clear that the filing of a labor certification application or visa petition does not in itself provide any protection against deportation.  If the INS discovers an illegal alien through other means, neither 245(i) nor the LIFE Act will prevent deportation.

CONCLUSION

The plan to extend the LIFE Act filing deadline, and the assurance by the INS that filing will not result in deportation, should provide the opportunity for tens of thousands of additional illegal aliens to obtain lawful permanent residence (“green card”) status.  Those who are eligible (for example, those with employers who are willing to sponsor them) should make plans now to file a labor certification application or immigrant visa petition when and if the LIFE Act deadline is extended.