The Congress of the United States recently passed the Legal Immigration and Family Equity Act (LIFE Act). One of the major benefits of the LIFE Act is the extension of section 245(i) from January 14, 1998 to April 30, 2001. This section of the Immigration Act allows individuals to adjust status to permanent resident if an immigrant visa petition or labor certification application is filed prior to April 30, 2001. One requirement that has been added by the LIFE Act is that, to qualify, the alien must have been physically present in the United States prior to or on the date of the enactment of the LIFE Act, December 21, 2000.

The LIFE Act also creates a new V visa to be utilized by the spouses and minor children of permanent resident. The LIFE Act allows these beneficiaries to obtain legal status and work authorization in the United States. To qualify for a V visa, the beneficiaries must prove that

• a family petition was filed on or before the enactment of the law and
• the petition must have been pending with INS for three years or more.

If the petition was already approved by INS, the beneficiary must have been waiting for a green card for at least three years.

The LIFE Act will allow late legalization class members to apply for permanent residence if they meet certain requirements. These requirements consist of

• submitting a written claim before October 1, 2000, in the lawsuit of CSS v. Meese, LULAC v. Reno, or INS v. Zambrano,
• entered the United States before January 1, 1982 and has resided continuously in the United States in unlawful status through May 4, 1988,
• was physically present in the United States from November 6, 1986 to May 4, 1988,
• files an application for permanent residence within one year of publication of the regulations and
• has not been convicted of a felony or three or more misdemeanors.

Finally, the LIFE Act will allow spouses and minor children of United States citizens to enter the United States and wait while the petition for alien relative is approved by the Service Center. To qualify, the spouse and minor children must prove that

• an immigrant visa petition was previously filed,
• the spouse and minor children must be outside of the United States,
• the United States citizen must file a K visa petition with the Service Center and
• must have a valid non-immigrant visa at the time that the K visa is issued.

The spouse and minor children will be permitted to work in the United States while the petition for alien relative is pending with the Service Center.