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New Law: Advice for Immigrants

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On September 30, 1996, President Clinton signed a new U.S. immigration law that contains severe penalties for foreign nationals who are in this country illegally. Some of you are receiving information – from friends and other immigration lawyers – about the new law that is causing you considerable concern. Please do not panic. The new law contains many discrepancies, its governing regulations are just beginning to be published and no one can be sure at this point exactly how the new law ultimately will be interpreted and implemented. Actions based upon faulty advice may disadvantage your case. Act only on information which we provide to you.

Only thing is fairly certain however. You must make every effort to become legal, or take every precaution not to become illegal as the new law contains severe penalties for those illegally present in the U.S. Please note that this includes those who continue to have valid visas or I-94 cards, but have violated the terms of their status, such as working without authorization or failing to work for their sponsor. Here are some of the most troublesome provisions of the new law:

• If you in the U.S. illegally for a total period of 180 days at any time after April 1, 1997, you will not be able to get a green card without leaving the U.S. and remaining abroad for at least 3 years. Similarly, if 365 days go by following April 1, 1997, and you are still in the U.S. illegally, a 10-year foreign residence requirement will be imposed. However, it is unclear at this time whether the new law will continue a provision which allows illegal immigrants to pay a fine and finish the process of obtaining a green card in the U.S.

• Under the new law, the legal requirements for suspension of deportation are changed. As of April 1, 1997, the new law will require 10 years of continuous physical presence in the U.S and a stricter hardship requirement. Your continuous physical presence terminates once you are served with a notice to appear before an Immigration Judge.

• The new law provides that any individual who acquires student status to attend a public school, including an adult education program, after November 30, 1996, or extends his student status after that date, may only attend public school for a one-year period, and must reimburse the local government for the cost of the education.

Moreover, the new law prohibits students who have entered this country to attend private school from switching to public school. The penalty for violating these new provisions is a 5-year restriction to future admissions to the U.S.

What Can You Do?

• If you are illegal, you need to do everything possible to become legal before September 27, 1997. This means that if you have a work visa to work for a particular sponsor and you are not, you need to fix that.

• If you are illegal and are just waiting for your green card to make you legal, you may need to get temporary status before that happens. Otherwise, you may have leave the U.S. prior to September 27, 1997 in order to remain eligible for permanent residence.

The new law makes time more important than ever. We are committed to helping you. But we cannot do it along. You need to help us to help you. If you have specific questions regarding your personal situation, please call us. Remember, we may not have specific, firm answers to all your questions at this point, but we will keep you advised of all important future developments.

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