Staying Legal : A Guide to Phase 2 of the Immigration Amnesty Law : Additional Information

Farm Workers

The English and civics requirements of Phase 2 do not apply to those who received temporary residency under the special farm workers program.

These people should apply for permanent residence, but the requirements and deadlines are different than those for other amnesty applicants.

Those in the Group 1 category, who proved they have worked in agriculture a minimum of 90 days in 1984, 1985 and 1986, could become permanent residents as of Dec. 1, 1989. Those in Group 2, who proved they worked a minimum of 90 days in agriculture between May 1, 1985, and May 1, 1986, could become permanent residents beginning Dec. 1, 1990.

Green Card

The card for permanent residence--the “green card” as it is commonly known or Form I-551 as it is officially known--is proof of legal permanent residency in this country. With it, one is eligible to work in this country, and it is possible to enter and leave the country with very few restrictions.

Loss of Card

In the case of loss or theft of the permanent residence card or if the applicant changes his or her name, a new card can be requested by filling out and presenting form I-90 to the Immigration and Nationalization Service.

Change of Address

INS officials have urged applicants who have moved since applying for amnesty to fill out a change of address form, available at legalization offices.

Leaving the Country

If the permanent resident needs to leave the country for more than one year, he must request permission from the INS before departing. A number of conditions must be met for the INS to grant such permission. There are no restrictions on permanent residents leaving the country for shorter periods.

The Family

If a minor received a permanent residency card when he was younger than 14, the family should request a new card when the child turns 14. This can be done by filing form I-90.

Someone who has been granted permanent residence may then apply to have their spouse or unmarried children considered for legal status. This request should be made in Form I-130.

Immigration officials in Los Angeles say families in such situations will not be broken up while these applications are being considered--which in some cases can take many years.

These cases come under a section of law in which each country is assigned an annual quota of 20,000 such applications. Some countries quickly fill their quota because of the large number of applications. Then, a waiting list is formed. In the case of Mexico, for example, the wait is a number of years. Applications are weighed under a system of pre-established preferences. First preference is given to the parents of U.S. citizens, followed by the parents of legal residents.

Public Benefits

The 1986 immigration law specifies that newly legalized temporary residents will not be eligible for federal public assistance for a period of five years after obtaining legal status, with the exception of certain medical services, including emergency medical aid, aid to the elderly, sightless or handicapped, or in case of serious injury.

The INS has stated that it will consider aliens receiving public assistance in cash as a public burden, and thus ineligible for legalization, although certain exceptions may be made. A temporary resident who faces an extreme situation should consult with a community legal aid organization before applying for this type of assistance.

However, if necessary, temporary residents can freely and without fear of hindering their prospects for legalization apply for food stamps, housing assistance, medical attention, Medi-Cal, unemployment insurance, workers’ compensation and Social Security disability insurance.

Temporary residents can also enroll their children in Head Start school programs and obtain assistance for vocational occupation and on-the-job training. University students can also apply for certain types of federal aid.

People with doubts about their eligibility for some particular type of government assistance should consult with a nonprofit agency that offers legal assistance. Some of these groups are listed on Page 15.