On December 21, 2000, the LIFE (Legal Immigration Family Equity) Act was signed into law.
Section 245(i) was extended to people physically present in the United States on the date of the law’s enactment. It allows persons who qualify for permanent residence, but who are ineligible their status adjust status in the U.S., to pay a $1,000 penalty and adjust their status in the U.S. To qualify, the person must be the beneficiary of an immigrant petition or application for labor certification filed on or before April 30, 2001.
The LIFE Act also created a new temporary K-3 visa status available to spouses of U.S. citizens (and their children) living abroad.
The Act created a new temporary “V” visa status was made available to spouses and minor children of lawful permanent residents waiting more than three years for an immigrant visa based upon an immigrant petition filed on or before the enactment date of the LIFE Act. Persons granted “V” status received employment authorization and were protected from removal.
Finally, the LIFE provides that persons who filed before October 1, 2000, for class membership in one of three “late amnesty” lawsuits (CSS v. Meese, LULAC v. INS, and Zambrano v. INS) and who were eligible under the LIFE Act’s amended legalization provisions could apply to adjust status during a 12-month period that begins once regulations are issued. Spouses and unmarried children of the class action claimants were be protected from certain categories of removal and were eligible for work authorization if they entered the United States before December 1, 1988 and resided in the U.S. on that date.
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LIFE Act of 2000 is divided into the following subtopics:
§245i & the LIFE Act
- Field Guidance For Adjustment of Status Applications Filed Under §245i (April 6, 2001)
- Section 245(i) – A Simple Guide To A Much Misunderstood Benefit
- INS Memo Re: §245(i) As Amended By The LIFE Act (1-26-01)
- LIFE Amendments – AILA’s Draft Summary
- INS Memo Re: §245(i) Employment-Based Provisions(6-10-99)
- INS Memorandum Interpreting Section 245(i) (4-14-99)
New K & V Visas
- INS’s V Regulations (9/07/01)
- State Department Regulations Regarding K & V Visas (4-16-01)
- State Department Cable On V And K Visa Processing (1-30-01)
NACARA/HRIFA
- INS Memo Re: Inapplicability On §241(a)(5) For Persons Covered Under NACARA or HRIFA (2-14-01)
- INS Memo Re: Persons Under Final Orders Who Are Covered by NACARA Or HRIFA (2-14-01)
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Carl Shusterman
Immigration Attorney Carl Shusterman has 40+ years of experience. He served as an attorney for the U.S. Immigration and Naturalization Service (INS) from 1976 until 1982, when he entered private practice. He has testified as an expert witness before the US Senate Immigration Subcommittee. Carl was featured in SuperLawyers Magazine. Today, he serves as Of Counsel to JR Immigration Law Firm.