LIFE Legalization

C

clara34

New Member
Has anyone filed I-485 or I-765 under LIFE Legalization and know what the processing time is in the Missouri Service Center?
 
I did. I got my EAD after 2 months and i-485 transfer to Local INS office NY, NY after three months. I have applied through Lulac under Life Act. MSC is very fast to process Life Application. I do not know yet how long NY INS will take to process I-485.
 
Is LULAC the law for persons illegally in the US before1982? Was there a recent ammendment to this program allowing anyone to apply, even those who are in the US long after 1982 ? Could u please shed some light into this legalization program? Please respond promptly, thanks.
 
Last edited by a moderator:
Can u please explain what is LULAC and who's eligible. I'm interested in applying but needs additional info. Thought u're the best person to explain since u're already in the process.

thanks
 
slim_ting23 said:
Can u please explain what is LULAC and who's eligible. I'm interested in applying but needs additional info. Thought u're the best person to explain since u're already in the process.

thanks
Click to expand...

Salim,

read this,

http://uscis.gov/graphics/services/residency/LIFE.htm


AND

http://www.rapidimmigration.com/usa/1_eng_info_life.html

USCIS : LIFE Act
The LULAC, CSS, and ZAMBRANO programs: In 1986, the Congress of the United States passed an amnesty law allowing aliens who had resided continuously and illegally in the United States, without interruption since before January 1, 1982, to apply for permanent residence status. However, one of the law's provisions provided that the application had to be filed before November 6, 1988. The US immigration service refused to accept applications from those persons who had left the United States before or during the required period, even though they had subsequently reentered the United States to again assume an unlawful status in this country. Some of these denied applicants filed suit in federal court seeking the right to file their applications, even though the time for filing had by that time passed. The courts in California, in the LULAC and CSS cases, and in Washington, D.C. in the Zambrano case, agreed with the aliens, and allowed them to file their applications late. The US immigration service has appealed these decisions, and these appeals have gone as high as the US Supreme Court.

Finally, Congress passed the Legal US immigration Family Equity Act (known as the LIFE Act), in December 2000, which now allows these individuals to pursue their applications for permanent residence in the United States. In addition, the LIFE Act prevents the deportation of the spouses and minor children of a person who is applying for late legalization, and they are also eligible for employment authorization.

The LIFE Act legalization regulation was enacted by the U.S. Citizenship and US immigration Services on June 1, 2001.

Applicants for legalization under the LIFE Act must submit their application within one year of the regulation date, to wit, no later than May 31, 2003
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More

http://www.immihelp.com/gc/life245.html


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http://www.immigration-lawyer.com/news/LIFEQA.htm

General Provisions

Q: What is the LIFE Act?
The LIFE Act, which President Clinton signed into law on December 21, 2000, is part of the final 106th Congress' budget bills. The LIFE Act contains four major provisions that could provide work authorization and permanent status to hundreds of thousands of individuals who otherwise would be undocumented: extension of Section 245(i), the new "V" and "K" visas and provisions for late legalization and family unity. Back to top.

Q: What do employers need to do? Of these provisions, only one, Section 245(i), might require an employer to actually sponsor an individual (although they may also qualify for Section 245(i) through a family relationship and not need an employer to file on their behalf). The other provisions would not require an employer's direct involvement. Employers wishing to provide information to their employees may post this Q&A. Employers also should advise any employees asking for information about these provisions, or any other issue relating to immigration law, to seek the assistance of an immigration attorney or a representative of a qualifying non-profit organization authorized to represent individuals before USCIS (formerly INS). Any employer who is approached by an employee for sponsorship should contact immigration counsel for advice as to how best to proceed. Such a request may not necessarily indicate that the employee is undocumented. Back to top.

Q: What was in the LIFE Act?
Here are details on the four provisions of LIFE:

Extension of Section 245(i): Allows individuals who are qualified for an immigrant visa (green card) based on a family relationship to a U.S. citizen or permanent resident or based on a sponsoring employer, but are "out of status," to pay a fee and get their green cards without leaving the country. This provision has been extended to individuals who have petitions or labor certifications filed for them before April 30, 2001 and who were physically present in the United States on December 21, 2000.

New Temporary Status for Spouses and Children of Permanent Residents: Creates a new "V" nonimmigrant status for the spouses and minor children of U.S. permanent residents who have been sponsored and have been waiting for three years or more for their green card. This visa will give them a lawful status in the United States and work authorization until their green card application is finished processing.

New Temporary Status for Spouses of U.S. Citizens: Expands the use of the "K" nonimmigrant visa, currently used for fiancées of U.S. citizens, to spouses of U.S. citizens who are waiting abroad for the approval of an immigrant visa. This provision would allow these spouses to enter the United States on temporary visas and obtain work authorization while their green card applications are pending.

Late Legalization and Family Unity: Allows individuals who are members of certain class action lawsuits against the U.S. government for wrongfully denying them legalization during the 1980s to apply directly for permanent residence. Also allows the spouses and children of these individuals to remain in the U.S. and obtain work authorization until they can get green cards. Back to top.

Q: What type of documentation will these individuals have as proof of their eligibility to work?
Most individuals who obtain work authorization from USCIS (formerly INS) under one or more of these provisions will need to obtain an Employment Authorization Document ("EAD") before they may begin working. Once individuals obtain permanent residence, USCIS (formerly INS) will issue them a permanent resident card or "green card." Both of these documents have the individual's photograph on them. However, an employer wishing to verify the work authorization status of an employee or prospective employee may not ask to see any specific document, or the employer may be accused of discrimination. In completing any employment verification form, the employee has the choice of which documents to present to an employer. Back to top.

Section 245(i): See also Q&A on 245(i).

Q: What is the new Section 245(i) in the LIFE Act? The new Section 245(i) allows certain people who are qualified to obtain green cards based on employer sponsorship or a family relationship to get their green cards without leaving the country, even if they are not in a legal status. To be eligible, an individual must be either: (1) the beneficiary of a petition that has already been filed, or will be filed before April 30, 2001, with the United States Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service, or INS) by a U.S. citizen or permanent resident relative or sponsoring employer or (2) the beneficiary of a labor certification application filed on their behalf by an employer with the Department of Labor (DOL) before April 30, 2001.

The LIFE Act also specifies that to take advantage of the Section 245(i) provision, an individual whose petition or labor certification was filed between January 14, 1998 and April 30, 2001, must prove that s/he was physically present in the U.S. on December 21, the date this measure became law.

Any alien who entered the U.S. without inspection, or is ineligible for adjustment of status under Section 245(c), will need Section 245(i) to adjust his or her status in the U.S. Filing an immigrant visa petition or labor certification is the first step in a green card process that may take from several months to several years. For those who need labor certification to qualify, the second step is for the employer to file an immigrant visa petition on their behalf. Once an immigrant visa petition (as noted above) is approved, the individual must apply for actual permanent residency (the "green card") by filing an adjustment of status application (Form I-485) with USCIS (formerly INS). Even if a person does not apply to adjust status until long after April 30, 2001, as long as the original petition or labor certification was filed before that date, if s/he is qualified, the eligibility will not expire. Back to top. See also Q&A on 245(i).

Q: Who could benefit from the new Section 245(i) provisions? AnyA person who is eligible for permanent residence based on a family relationship or job offer, and who wishes to adjust status to permanent residence without leaving the U.S., could benefit from the new Section 245(i). Most people who entered the U.S. without inspection, overstayed an admission, acted in violation of the terms of their status, worked without authorization, entered as a crewman, or were admitted in transit without a visa, are considered out of status and would be unable to complete the process to become a permanent resident in the U.S. without Section 245(i). Back to top. See also Q&A on 245(i).

Q: Does the new Section 245(i) grant immediate work authorization, protection from deportation, or travel permission?
NO! Section 245(i) only allows people who illegally entered the U.S. or who are out of status for various reasons to adjust their status in the U.S. if they are otherwise eligible when their turn in the green card line comes. Certain individuals may be eligible for immediate adjustment; others may have to wait several years. Section 245(i) offers no protections or rights while individuals are waiting.
 
Good stuff, I have a question about this portion of the law :

"New Temporary Status for Spouses and Children of Permanent Residents: Creates a new "V" nonimmigrant status for the spouses and minor children of U.S. permanent residents who have been sponsored and have been waiting for three years or more for their green card. This visa will give them a lawful status in the United States and work authorization until their green card application is finished processing."


Will a child that has been out of status, but has had a petition filed for them by a permenant resident or a Us citizen parent be able to attain this V nonimmigrant status that they speak of, or are they excluded because they are out of status?
 
I have not seen anyone else go thru a second interview for LIFE legalization. If you can provide us some more details about your case it might be helpful in coming up with a reason why INS wants to have a second interview. Example, what kind of evidence you presented to INS to prove your physical from 82 - 88. What questionns did the INS officer asked you in regards to your application. Did you have a lawyer with you when you were interviewed.
 
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