Each June, most full-time immigration lawyers typically attend the annual American Immigration Lawyers Association meeting. In other years, the meeting might mark the beginning of a quiet, relaxing summer. Not so in 1997. Thanks to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRAIRA” – generally pronounced “IRA IRA”), immigration lawyers as well as our clients are likely to lose a little sleep over the next few months. Why? In late September, new provisions in the law take effect which will bar certain individuals who are without a legal visa status for at least 180 days from obtaining legal status until they have departed the US for at least three years (ten years if one is out of legal status for more than a year!). What makes matters even more difficult is that Section 245i of the Immigration and Nationality Act, a provision that may offer the possibility to avoid the three and ten year bars by paying a penalty fee, is set to expire at precisely the time that the new law goes into effect. If the law is extended, then it will be crucial that clients remain in the US while pursuing permanent residency. If the law is not extended, then it will be crucial that many clients leave the country. Immigration lawyers are left offering clients confusing advice and it is almost certain that major life changing decisions will have to be made on a moment’s notice. This month, we report on legislative efforts to extend INA Section 245i.
Also this month, we have all of our regular features such as Consular Focus, Visa Spotlight and agency processing times as well as reports on the latest immigration news.
Finally, with this issue we would like to welcome Leonard Pearl as the newest lawyer in our firm. Leonard joins our Toronto office and specializes exclusively in the area of Canadian immigration law. Given the increasingly difficult rules facing would be immigrants to the United States, Leonard’s expertise on Canadian immigration will no doubt be in greater demand.
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. The information provided in this article has not been updated since its original posting and you should not rely on it until you consult counsel to determine if the content is still valid. We keep older articles online because it helps in the understanding of the development of immigration law.