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Family Unity Update

The new provisions for family unity consideration (previously called "family fairness") took effect on October 1, 1991, and procedures for application to the Immigration and Naturalization Service (INS) are now in place. Basic requirements for eligibility under the Immigration Act of 1990 are that: the applicant entered the United States before May 5, 1988, and is the spouse or unmarried child (under 21 years of age) of a "legalized alien"; the family relationship existed on May 5, 1988, and the applicant has lived in the United States since then; the applicant has not committed a felony or three misdemeanors in the United States; and the legalized alien is now a Permanent Resident or a Temporary Resident through the amnesty program (Section 210, 245A, or 202 ­ Cuban-Haitian provision).

An eligible family member may apply for voluntary departure status by filling out form I-817 and mailing it with the $75 fee and two completed fingerprint cards to: USINS Western Service Center, P.O. Box 30040, Laguna Niguel, CA 92607-0040. If approved, the applicant will be sent form I-94, valid for two years. After receiving the I-94, the applicant may request employment authorization at the local INS office by filing form I-765 and paying a $60 fee. The employment authorization is valid as long as the I-94.

As of late August, INS had received 123,134 applications under the old family fairness provisions. Of the 114,000 final decisions issued, nearly half were approved, half were denied, and 34 cases were "terminated." More than 82,000 family fairness applicants had also requested employment authorization.

 

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