Date: Wed, 31 Dec 1997 21:21:37 GMT Server: Apache/1.2.4 Connection: close Content-Type: text/html
THE ILLEGAL IMMIGRATION REFORM
AND IMMIGRANT RESPONSIBILITY ACT OF 1996
By far the biggest new development in our immigrations laws occurred last fall with the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (the "New Law"). The New Law targets those people who have entered the United States illegally and also those who have overstayed their visas. Generally, those with valid visas are not affected by the New Law. Below is a summary of some of the changes made by the New Law. Many of the changes made by the New Law are effective April 1, 1997. Others are already in effect. Please consult with Mr. Perkins regarding whether the New Law will effect you.
1. | The New Law Bars Many People Who are Illegally in the U.S. from Obtaining Temporary Visas and Permanent residence - Even if They Win The Diversity Lottery, Have an Approved Labor Certification or Otherwise Have A Visa Available to Them: The New Law contains permanent bar for those seeking a temporary visa or permanent residence (a "greencard") who have been in the U.S. in illegal status for 180 days (three year bar) or one year (ten year bar). Illegal status means that either the person entered the United States illegally or overstayed their visa. The time in illegal status starts running on April 1, 1997, making these new bars effective by September 1997. This means that even if a person qualifies for a visa through some means -- i.e. winning the diversity lottery, having an approved labor certification -- the person may not be able to obtain that visa if they are illegally in the United States after September 1997. The interpretation of this part of the New Law is very complicated and anyone who may be affected by it should consult with Mr. Perkins. |
2. | New Requirements for All Immigrant Visas: A new vaccination requirement is in effect immediately for all those applying for an immigrant visa (Green Card, Permanent Residence) after September 30, 1996 |
3 | No Third Country Visa Processing for Out of Status Applicants: Anyone who overstays a visa, for even one day, is barred from obtaining a new visa at a 3rd country post (e.g., Mexico or Canada), effective immediately. Such persons must go back to their home country to process. For example, people whose visas had expired used to go to U.S. embassies and consulates in Mexico or Canada to obtain an H-1B professional working visa. They can no longer do this. |
4 | New Restrictions on Federal Court Review of INS Actions: The New Law bars judicial review of most discretionary decisions of the INS and most crime-related grounds of deportability. |
5 | New Deportation Proceedings, Now Called Removal Proceedings: Exclusion and deportation proceedings will be eliminated, and one new combined "removal procedure" will be created as of April 1, 1997. New 5 year, 10 year, and lifetime bars to reentry after removal/deportation will take effect April 1st. |
6 | Seven year " Suspension of Deportation" is Eliminated, Replaced by Stricter "Cancellation of Removal": The New Law eliminates "Suspension of Deportation", where a person in deportation proceedings could terminate those proceedings and get permanent residence if: (1) they were in the US for seven years; (2) they had good moral character; and (3) they could demonstrate extreme hardship to themself, or their relatives. The New Law's "Cancellation of Removal" provision, which replaces "Suspension of Deportation" now requires 10 years physical presence and "exceptional and extremely unusual hardship" to close family members who are U.S. citizens or permanent residents (have a "greencard"), not to the alien him/herself. |
7 | New Deadlines For Those Filing Asylum Applications and New Summary Exclusion Procedures: On April 1, 1997, asylum applicants who have not applied for asylum within one year of entering the U.S. will be barred from applying, and all who arrive with fraudulent or no documents may be subject to summary exclusion at all ports of entry. |
8 | New I-9 Restrictions: The number of documents acceptable for verification will be greatly reduced, effective on a future date to be set by the Attorney General. Employees seeking to prove discrimination in the verification process will be required to show that employers intended to discriminate. |
The effect of the Act is still unclear and many of its provisions are the subject of litigation. If you are interested in efforts to change the effects of this law, call or write to:
American Immigration Lawyers Association
1400 Eye Street, NE, Suite 1200
Washington, DC 20005
(202)371-9377
Our lead partner Robert A. Perkins won a precedent-setting decision in federal court against the Immigration and Naturalization Service last summer. The case involved a Romanian stowaway who was seeking political asylum in the United States. Mr. Perkins represented 30 of these stowaways pro bono (free of charge) and won the release of many of them. Mr. Perkins was assisted in the case by Judy Rabinovitz of the American Civil Liberties Union.
In the case that Mr. Perkins won, Marincas v. INS, 92 F.3d 195 (3d Cir. 1996), reh'g denied, 97 F.3d 733 (3d Cir. 1996), the U.S. Court of Appeals for the Third Circuit completely invalidated the INS regulatory scheme regarding stowaways. Previously, the INS promulgated regulations to the effect that stowaway asylum applicants, because they are considered already excluded from the United States, are not entitled to an immigration court hearing on their asylum claims. This procedure was held invalid in the Marincas case. To read the published version of the case in full, click here.
Perkins also won two other precedent cases involving stowaway asylum applicants last year -- In re S-S, Int. Dec. 3257 (Nov. 8, 1995) and In re M-S, Int. Dec. 3258 (Nov. 8, 1995) which set standards on how asylum officers should keep records to ensure proper review by the BIA. To view summaries of these cases printed in the publication Interpreter Releases (January 16, 1996), click here.
Copyright © 1997 - Robert A.
Perkins & Associates
Last Modified: October 02, 1997 02:26
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