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Legal Immigration and Family Equity Act
(LIFE Act)
SUMMARY
(Based on drafts from Congressional
offices)
REAUTHORIZES
SECTION 245(i) UNTIL APRIL 30, 2001
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
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
Waiver of certain grounds of inadmissibility: In applications for adjustment of status under
NACARA and HRIFA, the Attorney General may waive certain grounds of
inadmissibility relating to re-entry after a previous order of deportation or
removal (§212(a)(9)(A) and (C)).
Protection from reinstatement of prior orders of
deportation or removal: In applications for
adjustment of status, for suspension of deportation, or for cancellation of
removal as provided by NACARA or HRIFA, the Attorney General is prohibited from
reinstating previous orders of removal or deportation in order to prevent those
applications from being filed (§241(a)(5) shall not
apply).
Availability of Motions to Reopen: NACARA and HRIFA applicants who become eligible to
apply for adjustment of status, suspension of deportation, or cancellation of
removal as a result of the changes contained in the LIFE Act will be able to
file one Motion to Reopen any exclusion, deportation, or removal proceedings in
order to apply for an adjustment of status under the Act. This right to file a Motion to Reopen
exists notwithstanding any time and numerical limitations otherwise imposed
under the Immigration and Nationality Act
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