Getting Green Signal : 7 Once-Illegal Aliens Become 1st Permanent Residents Under Amnesty

More than two years of preparation, a constant stream of publicity and tens of millions of dollars in expenditures culminated Monday in the issuing of permanent U. S. residency documents to seven one-time illegal aliens from Mexico who now live in San Diego County.

The seven, according to the U. S. Immigration and Naturalization Service, were the first amnesty applicants nationwide to gain permanent legal residence in the United States and, with it, green cards. Later, applicants in Los Angeles, San Francisco and Phoenix also were approved as part of an expedited application process timed to coincide with the inauguration of the amnesty program’s second phase.

“What can I say? I feel very happy,” said an exuberant Guadalupe Cordova de Bahena, a 30-year-old San Diego housewife and mother of two who was the first to receive her new papers during a ceremony at the INS office in Mission Village. Her husband, Roman Bahena, a 32-year-old construction worker, also received his documents.

Later, a Lakeside family of four stepped up to the podium to claim their paper work.

“I feel like I have a lot more security in my life now,” said Maria Cardenas Hermosillo, who received the papers along with her three children. She and her offspring held their documents proudly as cameras clicked and microphones were thrust in their faces.

In the next two years, more than 1.7 million former illegal aliens--including almost 1 million in California alone and 41,705 in San Diego and Imperial counties--are expected to file for permanent-residence status under the general amnesty program. Part of a sweeping immigration reform that became law in November, 1986, the program raised the possibility of legal status for undocumented immigrants who had been living in the United States continuously since Jan. 1, 1982. The application period stretched from May, 1987, until May, 1988.

Under the second phase of the program, which began Monday and lasts for two years, each amnesty aspirant has 12 months to submit an application for status as a permanent legal resident. (The 12-month application period begins exactly 18 months from the date on which the person filed the initial forms.) If amnesty seekers fail to apply for permanent residence, or if their applications are rejected, they will revert to illegal status and be subject to deportation.

Heretofore, during the program’s first phase, successful applicants have been provided with documents allowing them to live and work in the United States temporarily. The rate of recommended rejections for the initial phase was less than 3%, meaning 97 out of 100 applicants were successful. Officials predict a similar rate of success for Phase 2, although others are doubtful.

Certainly, few applicants will find the process as easy as the seven people, all of whom had strong cases, who were presented with documents Monday in San Diego. Applicants face a series of hurdles.

Notably, they must complete the somewhat daunting application forms, which are printed only in English; pay the $80 application fee (there is a $240 cap per family); and persuade immigration inspectors, during face-to-face interviews, of the veracity of their accounts.

They may be disqualified for a range of reasons, including criminal records, insufficient time in the United States or a likely inability to support themselves financially. Much of the process will be accomplished through the mail--a fact that has prompted considerable concern that interview appointments, forms and crucial notices could be lost or misplaced, particularly since the population served is so mobile.

Probably the most controversial aspect of the second phase is the requirement that most applicants demonstrate a “minimal” understanding of the English language and of U. S. government, either through INS-devised testing or other means. (Exempt are those younger than 16 and older than 64 at the time they applied, as well as those with at least one full academic year in an accredited U. S. school.) Applicants may also satisfy the English and civics requirement by completing 40 hours of a 60-hour, INS-approved course of study.

Immigrant advocates have raised concern that the English and civics requirement of the second phase could shut out many applicants, but officials say the guidelines are sufficiently liberal to accommodate everyone. Considerable concern has also been raised, particularly in the Los Angeles area, that the demand for citizenship-type instruction will far outweigh the supply.

Amnesty recipients may become U. S. citizens five years after obtaining permanent-resident status.

A second group of amnesty applicants involves farm laborers who worked with perishable crops for at least 90 days during a recent one-year “window.” Almost 1 million people have applied for legal residency under this program, including more than 500,000 in California alone and 33,000 in San Diego County. The application period for this program expires Nov. 30. Farm workers are not required to meet any English-language or civics requirements, easing their transition to permanent residence. However, officials say the rejection rate for those applying under the agricultural-worker amnesty program is expected to be much higher, largely because of widespread fraud in producing valid documentation of their residency claims.