For some time now, many people have been leaving their countries of origin to emigrate in search of a more promising future in the United States. However, due to different circumstances, this process can lead many people to to remain in the U.S. illegally.
Now, it is important to know that the United States offers different pathways to adjust the immigration status of individuals, and the Legal Immigration Family Equity Act program is one of them. This law offers certain immigrants the opportunity to obtain lawful permanent residency in the United States, even if they are in the countryundocumented.
Jaskot Law, brings you everything you need to know about the LIFE Act, and the processes necessary to adjust immigration status through this pathway. Continue reading this article to familiarize yourself with everything related to applying for permanent residency through this law.
What is the LIFE Act, and what is it about?
The LIFE Act, or the Legal Immigration Family Equity Act, is a legal avenue by which an immigrant may obtain permanent residency in the United States. This law allows certain individuals to regularize their immigration status, as long as they comply with the requirements stipulated by the immigration system.
This law is an invaluable opportunity for many families who find themselves in complex situations due to the presence of undocumented members. By regularizing their immigration status and applying for permanent residency, immigrants are able to establish themselves legally in the country and strengthen their family ties in a safe and legal manner.
Who can apply for permanent residency through the LIFE Act?
Under the Legal Immigration Family Equity Act, or LIFE, certain individuals residing in the United States undocumented who wish to regularize their immigration status may apply for permanent residency if they arrived in the U.S. before 2001.
As if this were not enough, the law not only allows undocumented persons to regularize their status, but could also benefit a spouse or child of the eligible person. These individuals may apply as dependents and adjust status through INA Section 245 of the Immigration Act.
Breaking down the LIFE Act, what should we take into account?
The LIFE Act provides a legal avenue to regularize the immigration status of undocumented persons in the United States, as long as certain requirements established by law are met. This is of utmost importance to many immigrants, as it may be the opportunity to obtain stability and security in their immigration status.
However, it is important to remember that according to the stipulations made by the U.S. Citizenship and Immigration Services (USCIS),it is of crucial that the individual making the application be physically present in the U.S. since December 21, 2000.
Requirements for obtaining permanent residency through the LIFE Act
In order to be eligible to obtain permanent residency in the United States through the Legal Immigration Family Equity Act, the applicant must meet the following requirements:
- Be the beneficiary of an application for certification of labor status (Form ETA 750), have a Petition for Alien Relative (Form I-130), or an Immigrant Petition for Alien Worker (Form I-140) filed before April 30, 2001.
- Have been present in the U.S. country before December 21, 2000.
- A visa is available immediately.
- Be admissible to the United States.
Step by step: how to apply for permanent residence?
If an undocumented individual is interested in regularizing his or her immigration status through the LIFE Act, or the Legal Immigration Family Equity Act, it is important to follow the steps stipulated by the Immigration Act in order to be able to properly access permanent residence in the country.
STEP 1: Determine eligibility.
STEP 2: Fill out and submit the Form I-485, Application to Register Permanent Residence, and pay the appropriate filing fee.
STEP 3: Pay additional penalty fees for adjustment of status while the applicant is in the country.
STEP 4: Wait for review and resolution of your case.
Documents required to apply for permanent residence
Just as an applicant must comply with all relevant requirements stipulated by law, it is also necessary for the applicant to submit all required documents for the processing of his or her adjustment of status. For this purpose, the applicant must submit the following documentation alongside the Form I-485:
- Two passport photographs.
- Form G-325A, Biographical Information.
- A copy of a government issued photo ID.
- A copy of the birth certificate.
- A copy of the non-immigrant visa in the passport, only if applicable.
- A copy of the admission stamp or entry permit stamp found in the passport, only if applicable.
- Form I-94, Arrival and Departure Record, only if applicable.
- Form I-693, Medical and Immunization Report.
- Form I-864, Affidavit of Economic Sponsorship, only if applicable.
- Form I-944, Declaration of Self-Sufficiency, only if applicable.
- The immigrant visa petition filed concurrently with the Form I-797, Notice of Action, of the pending or approved immigrant visa petition and used as the basis for adjustment of status.
- Supplement A to Form I-485 and additional documents.
Additional considerations
The petitioner for an adjustment of status through the LIFE Act must take into account that additional documentary evidence may be requiredincluding evidence that he/she has been in the United States since December 21, 2000, evidence of employment or family that could support the application, copies of administrative fees paid, copies of marriage certificate, among others.
Benefits of making an adjustment of status through the LIFE Act
Making an adjustment of status through the Legal Immigrant Family Equity Act can offer a number of significant benefits for those seeking to regularize their immigration status in the United States.
Among the most important benefits are the possibility of working legally in the country, protection against deportation and the possibility of keeping their families together, access to social security benefits, and the possibility of leaving and re-entering the United States without too many complications.
What happens after my permanent residency has been approved?
After your application for adjustment of status is approved and you obtain permanent residency in the United States, the U.S. Citizenship and Immigration Services will provide you with all the necessary documentation to validate your new status.
As if this were not enough, the beneficiary will not only obtain their Green Card, but will also have the possibility of accessing new employment and educational opportunities, and become fully integrated into U.S. society. In addition, they will be guaranteed the security of being able to live and work legally in the country indefinitely, providing stability and peace of mind to individuals and their families.
Importance of truthfulness in the permanent residence application process
In the complex process of applying for permanent residency in the United States, the accuracy of the information submitted is critical. Any misrepresentation or error in the documents may result in serious consequences, such as denial of the application, or even more extreme measures such as deportation.
In addition, the documents are required to have original signatures. Applicants may also be required to swear and attest that the information submitted on the forms and additional documents in their entirety reflect the reality at the time of submission.
How can an experienced attorney assist in the process of applying for permanent residency through the LIFE Act?
When applying for permanent residency through the LIFE Act, it is essential to have the advice of an attorney specialized in immigration law. A professional with experience in these types of cases will be able to effectively guide and represent applicants throughout the process, maximizing their chances of success.
In addition, it is important to have the right support to avoid making mistakes and to ensure that all the requirements stipulated by the U.S. Immigration Law are met. At Jaskot Law, we are committed to our clients’ dreams of a better future and provide personalized attention to help resolve their immigration cases.
Frequently Asked Questions
What is the LIFE Act and what is it about?
The LIFE Act, or Legal Immigrant Families Equity Act, is a legal pathway that allows certain individuals to obtain permanent residency in the United States, even if they are undocumented. This law seeks to regularize immigration status and strengthen family ties in a secure manner.
Who can apply for permanent residency through the LIFE Act?
Under the LIFE Act, individuals who arrived in the United States before 2001 and are residing undocumented may apply for permanent residency. In addition, spouses and children of the eligible person may also apply as dependents under Section INA 245 of the Immigration Act.
How do I apply for permanent residency through the LIFE Act?
To apply for adjustment of status, one must follow the steps established by U.S. Immigration Law, including determining eligibility, completing Form I-485, paying administrative fees, and awaiting resolution of the case.
