wfn.org | New immigration provision expires April 30

[NewsDesk@UMCOM.UMC.ORG]

Jan. 19, 2001	News media contact: Linda Bloom·(212) 870-3803·New York
10-21-30-71B{020}

NOTE: This report is accompanied by a sidebar, UMNS story #021.
 
NEW YORK (UMNS) - A new provision in U.S. immigration law may help some
immigrants in their quest for green cards, but only if they file
applications by April 30.

The Rev. Janet Horman, an immigration lawyer and clergywoman with the United
Methodist Florida Annual (regional) Conference, discussed the new provision
during a Jan. 18 immigration conference sponsored by the United Methodist
Committee on Relief (UMCOR). Horman works with UMCOR's "Justice for Our
Neighbors" program, which trains church volunteers to provide immigration
counseling to immigrants and refugees in their communities.

The new provision is actually an old provision that has been revived.
Originally authorized in 1994, Section 245(i) allowed eligible immigrants
who were "out of status" to adjust their legal status by paying a $1,000
fine. They then could continue the process toward becoming permanent
residents.

Congress phased out the provision in 1998, forcing such immigrants to return
to their home countries to complete the process for an immigrant visa. Once
out of the United States, most would be barred from re-entering for anywhere
from three to 10 years. "That left a lot of folks in a no-win situation,"
Horman said.

The new act restores the ability to adjust status without leaving the
country. People who are "out of status" include those who have entered the
United States without inspection, overstayed a visa or worked without
authorization. 

To qualify under the new Section 245(i), a relative or employer must file a
petition with the Immigration and Naturalization Service (INS) on behalf of
the immigrant by April 30. That person also must have been physically
present in the United States on Dec. 21.

U.S. citizens can petition for their spouses, married and unmarried sons and
daughters of any age, parents, brothers and sisters. Legal permanent
residents can petition for spouses and unmarried sons and daughters of any
age.

Because the process for employers filing petitions is more restrictive and
complicated, Horman suggests using an immigration lawyer. An attorney is
also helpful for relatives, but is not necessary as long as the family can
show proof of the relationship.

Since it can take years before an immigrant actually obtains the coveted
green card signifying permanent residence, "I would encourage family members
to go ahead and file petitions for family members (present on Dec. 21) who
think they might want to come to the United States eventually," she added.

"Filing a petition now does not protect your relative from deportation,"
Horman said, nor does it provide work authorization to those without legal
status. But, she noted, the INS does not pursue people simply because
they've filed an application.

A special short-term visa, called a "V" visa, is now available to lawful
permanent residents who had filed a petition before Dec. 21 for a spouse or
minor child who had been waiting three or more years for a visa. The V visa
would allow those people to work in the United States and be free of the
fear of deportation while waiting for an adjustment in status. Horman said
the special visa is particularly significant for Mexicans, whose spouses and
children face a long wait for legal immigrant status.

A special immigrant visa also exists for religious workers, defined as those
who have continuously practiced their ministry on a full-time basis for the
preceding two years. Workers also must be members of the religious
denominations with which they are working and, if laypeople, show that they
have training that the typical layperson would not have. Once the "SD" Visa
for religious workers is granted, immigrants can file for an adjustment of
status if needed. 

The "Justice for Our Neighbors" program organized by UMCOR and its parent
organization, the United Methodist Board of Global Ministries, assists
immigrants seeking legal status in the United States. As a designated
project of the denomination's "Advance for Christ and His Church," it also
depends on voluntary donations. Checks, designated to Advance No. 901285-1,
can be given to local churches or mailed to Advance GCFA, P.O. Box 9068,
GPO, New York, NY 10087-9068.

More information is available by calling Lilia Fernandez, UMCOR's executive
secretary for refugee ministries, at (212) 870-3805 or sending an e-mail to
liliaf@bgbm-umc.org. 
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United Methodist News Service
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