CREATES A NEW TEMPORARY VISA FOR SPOUSES AND MINOR CHILDREN OF LEGAL PERMANENT RESIDENTS AWAITING AN IMMIGRANT VISA  

CREATES A NEW TEMPORARY STATUS FOR SPOUSES OF U.S. CITIZENS AWAITING AN IMMIGRANT VISA

In order to address the severe backlogs on the processing of petitions for family members, the LIFE Act creates a remedy for the spouses of United States citizens who are outside of the United States and waiting for the approval of an immigrant petition.  Any minor children who are seeking to accompany the spouse are also provided protection.  By expanding the eligibility for a K visa, the new law will allow the spouse of a U.S. citizen to enter the United States and obtain work authorization while waiting for the petition to be approved.

·        Expansion of Fiancée Temporary Visa Category. The bill expands the use of the “K” visa, which currently allows fiancées of U.S. citizens to enter the United States for the purposes of getting married, to be used by spouses of U.S. citizens who are already married and are waiting outside of the United States for the approval of their immigrant visa petitions.  Any minor children who are accompanying the spouse can be included in the petition. In order to qualify the spouse and minor children must meet the following criteria:

ü      An immigrant visa petition must be previously filed. The law requires that the U.S. citizen file an immigrant petition before a visa can be issued to the spouse abroad. The K visa will allow the spouse abroad to enter the U.S. and await the approval of the petition.

ü      Recipient of the K visa must be outside of the United States. The law only authorizes the visa to be issued by a consular officer outside of the United States. There is no provision to “adjust status” for someone already in the United States in an unlawful status.

ü      The K visa petition must be filed in the United States. The petition for the K visa must be filed in the United States by the U.S. citizen spouse.

ü      Must have a valid non-immigrant visa at the time that the K visa is issued. Where the marriage to the U.S. citizen occurred outside of the United, the K visa recipient must have a valid non-immigrant visa issue by the consulate where the marriage occurred.

·        Available to current and future applicants. The bill provides that this new K status is available both to individuals with currently pending green card petitions and future applicants.

·        Work Authorization. Current law provides that K visa holders are permitted to work in the United States.  This provision would apply to these new K nonimmigrants as well.

ALLOWS FOR THE ADJUSTMENT OF STATUS OF CERTAIN LATE LEGALIZATION CLASS MEMBERS 

GRANTS PROTECTION FROM DEPORTATION AND WORK AUTHORIZATION TO THE SPOUSES AND CHILDREN OF LATE LEGALIZATION APPLICANTS

PROVIDES CERTAIN WAIVERS AND PROTECTIONS AGAINST DEPORTATION FOR APPLICANTS UNDER NACARA AND HRIFA