Extension of Immigrant Law Causes Confusion

Thousands of people descended on Immigration and Naturalization Service offices in Los Angeles and elsewhere Tuesday, most hoping in vain for a quick green card as the Senate granted a three-week extension on a law that allows many illegal immigrants to complete the application process in the United States by paying a $1,000 fine.

The law had been scheduled to expire at midnight Tuesday, but the Senate action, following a similar House move, means that it should remain on the books until at least Oct. 23.

Confusion was rampant in the line outside the INS headquarters in downtown Los Angeles.

“Is this where we pay $1,000 for a green card?” Yong Hwang of South Korea asked as she waited.

Hwang, a U.S. citizen, was inquiring on behalf of her mother-in-law. But like many others, she was wasting her time: Although U.S. citizens may petition for spouses, children and siblings, in-laws are generally not eligible.

In fact, anyone without a previously approved green card application was turned away.

The widespread misinterpretations underscore the confusion that has swept through immigrant communities as Congress debates the fate of the once-obscure measure, known as Section 245 (i) of the Immigration and Naturalization Act. Its demise will mean that many green card applicants now in the United States illegally will have to leave and complete the process at U.S. consulates abroad--something many routinely did before Congress added Section 245 in 1994.

But now there’s a critical catch: Congress last year passed a separate law that subjects illegal immigrants to bars of up to 10 years if they leave the country and attempt to reenter.

Critics say the section should be allowed to lapse because it allows illegal immigrants to jump into the queue in front of millions who wait legally in their homelands--as applicants are supposed to do. But immigrant advocates say allowing Section 245 (i) to expire would needlessly divide families and deprive the INS of hundreds of millions of dollars in fines annually while burdening U.S. consulates abroad.

A House-Senate conference committee probably will decide the measure’s ultimate fate. The Senate, acting on another bill, had already passed a permanent extension, which the Clinton administration also backs. But opposition is strong among Republicans in the House.

According to INS figures, about 500,000 people have applied for legal status under Section 245 (i) since it became law three years ago. Most are relatives of permanent residents and U.S. citizens, but some were sponsored by employers to obtain a green card, which is necessary to reside and work permanently in the United States.

To be eligible, it is not enough to simply be among the more than 3 million people worldwide on green card waiting lists. Those applying under Section 245 (i) must have been officially notified that a green card is available for them. Only a fraction of those seeking cards probably will receive such a notification in the coming weeks.

But the complex nature of the new rules have even baffled many experienced immigration attorneys.

“Because of all the media attention, some people are misinterpreting this as an amnesty--and it’s not an amnesty at all,” said Richard K. Rogers, INS district director in Los Angeles.

In recent days, Rogers said, more than 2,000 people have descended daily upon the INS headquarters downtown, about twice the normal volume.