LEGALIZATION LAW:
“The 1986 Immigration Act provides new ways to become a lawful permanent resident of the U.S. One way is through the legalization process, which provides for temporary resident status which can later be adjusted to lawful permanent resident status.
The temporary resident process has five main requirements:
FIRST: The individual must have entered the United States before January 1, 1982, In another article we will explain a solution for some people who came to the U.S. later.
SECOND: The individual must have continuously resided in unlawful status since January 1, 1982. People who entered unlawfully easily meet this requirement. Those who entered as nonimmigrants, such as tourists or students, may ‘have more trouble. In such cases, either the departure date must have expired, or the government must have been aware of the individual’s unlawful status, by January 1, 1982. The Immigration Service will make new rules to explain what types of trips outside the U.S. after January 1, 1982, will disqualify someone from having resided in the US. continuously.
‘THIRD: Since the date of the new law’s enactment, the individual must have continuous, physical presence in the U.S. Although some trips abroad will disqualify people, trips which are “brief, casual and innocent departures” will not prevent a person from immigrating. Of course, the safest thing to do is not to leave.
FOURTH: The individual must be admissible to immigrate. The law has long prevented some people from entering the U.S., for ‘example, convicted criminals or those without valid visas. Under the new law, some of the old categories do not apply and others may be ‘waived by the Immigration Service. Waivers will be available only for humanitarian purposes, to assure family unity, or when in the public interest.
FIFTH: There are types of conduct which will prevent people from becoming residents. Persons convicted of one felony or three misdemeanors are disqualified. Also ineligible are those who assisted in the persecution of others for any of the reasons protected by the law. Finally, if an individual is required to register under the Selective Service Act and has not done so, then he cannot immigrate under the new law.
Because the Immigration Service has not published their new rules and the new law permits the Immigration Service up to six months before starting the application process, no one knows the exact procedures to apply for resident status under the new law. Once the process begins, applications for legalization will only be accepted for twelve months. For people who already have deportation cases with the Immigration Court, applications must be filed within thirty days after the legalization process starts. If someone is so unfortunate as to be taken to the Immigration Court after the legalization process starts, but before filing for residence, then the application must be filed within thirty days after the INS charges the individual with deportability. Anyone who can show that he is eligible for residence will not be deported and will be granted employment authorization.
The INS has not begun handing out application forms. They still must decide where the applications are to be filed, and what type of supporting documentation will be required. The law does state, however, that the documents must prove continuous residence and physical presence for the required periods, and that worker elated papers are preferred. In order to be prepared to apply once the INS begins accepting applications, individuals should begin organizing their papers now. Possible items include tax returns, rent receipts, letters from employers or pay stubs; utility bills; letters from ban magazine subscriptions credit cards and declarations from longtime friends. The documents should be organized by year.
‘Temporary resident status may be lost a number of ways. These ways include situations where someone no long meets the five main requirements discussed in this article. Temporary residents are expected to apply for permanent residence. Unless an application for permanent residence is filed on time, then temporary status will expire thirty months after it was granted.
Adjustment of status to permanent residence is possible after a person has been a temporary resident for eighteen months. The application must be filed within one year after the individual becomes eligible. While the INS still has not published all of the rules explaining how the new law will be applied, the new law clearly requires that applicants have been continuously residing in the U.S. since they became temporary residents, although, some brief, casual and innocent trips abroad may be excused. The applicant still must be admissible, as described earlier. Conviction of one felony or three misdemeanors will disqualify people. Finally, an examination of English language ability and familiarity with the organization of the U.S. government is required.
The new law’s legalization program will be available for a limited time only. People who file too late will miss a chance to immigrate lawfully and denials for late filing cannot be appealed. People should be prepared by organizing their documents now and watching for when the INS begins this new process.
MATTHEW SCHULZ, esq., is an attorney with the Law Firm of SIMMONS & UNGAR with offices at: 95S. Market Street #350, San Jose, CA 95113, (408) 9477741 and 517 Washington Street ‘San Francisco Ca 94111, (415) 4210860. The office of SIMMONS & UNGAR handles primarily matters of Immigration and Nationality Law.
Article extracted from this publication >> December 26, 1986
