REGULATIONS ON FAMILY UNITY PROGRAM ISSUED In 1997 there was a settlement in a lawsuit regarding the Family Unity Program which called for the development of a single form for use in the program. A regulation was recently published in which the requirements of the settlement were finally addressed.
The Family Unity Program was created in 1990 to benefit family members of immigrants who were able to legalize their status under the 1986 Immigration Reform and Control Act. Family members are given extended periods of voluntary departure and employment authorization so that they could remain with their legalized family members in the US.
Prior to the settlement, applicants for family unity benefits were required to complete two forms, I-817, for voluntary departure, and I-765 for employment authorization. A new form is in the process of being approved that combines the information from the two previous forms. It will authorize voluntary departure and employment authorization for two years.
The regulation also clarifies who is eligible for family unity benefits. Benefits are limited to spouses and unmarried children of legalized aliens. However, just because a legalized alien gains citizenship does not eliminate family member’s eligibility for benefits. They will continue to be eligible for voluntary departure and employment authorization until they are eligible to adjust their status.
The new regulation also makes family members who committed certain juvenile offenses ineligible for family unity benefits. Acts that, if convicted as an adult, would be classified as a felony crime of violence that involved the use or attempted use of physical force, or an act that involved a substantial risk such force could be used, will make a person ineligible. < Back | Next > Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. | 
