New Law, Misinformation Bewilder Immigrants

By nightfall, the line stretched half a block down Whittier Boulevard, the facial expressions of the assembled betraying expectation and wariness, fatigue and hope.

“Who knows?” said Irma Villa, accompanied by her husband and three children. “Maybe we have a chance.”

The uncertainty of Villa and several hundred others gathered outside the offices of One Stop Immigration & Educational Center underscore bewilderment nationwide about new federal legislation passed in the waning days of the Clinton administration.

The law could aid a million or more immigrants and their immediate relatives, experts say. For the fortunate, it could mean cherished green cards, which permit holders to live and work permanently in the United States and can lead to citizenship. That possibility has created considerable hope.

But the complex details of the law remain mysterious to many. Rampant misinformation in immigrant communities has made things worse.

“There’s total, mass confusion out there,” said Bill Strassberger, a spokesman for the Immigration and Naturalization Service in Washington, D.C.

The central misperception is that the new law represents a general amnesty for longtime illegal residents, akin to the 1986 amnesty that led to legal status for almost 3 million people nationwide. The Clinton administration sought a broad amnesty law, and advocates lobbied hard for it. But the proposal died in Congress amid fierce Republican opposition.

What was passed, and signed into law by President Clinton in December, was a patchwork of provisions aiding various categories of immigrants and their loved ones. Officials are still trying to figure out how to implement most of the changes.

The INS, the agency ostensibly charged with informing people about such things, is overwhelmed with other tasks. Lines at its offices are long and daunting. Its telephone information lines are likewise jammed or of little use about the law, officials concede.

Authorities and activists are worried about a surge of rip-off artists offering bogus information at exorbitant prices. Such unscrupulous “consultants,” usually operating out of storefronts in immigrant neighborhoods, have long thrived during eras of confusion about new laws.

“There are people that will not hesitate to try and take advantage of immigrants who do not fully understand the qualifications necessary to apply for these benefits,” Thomas J. Schiltgen, the INS district director in Los Angeles, said in a statement this month. “We want to prevent these situations.”

The INS has had some radio spots and is planning public service announcements, officials say. But the responsibility for informing people has fallen largely to independent assistance agencies like One Stop Immigration and to recognized immigration attorneys and counselors.

“We want to be sure people get the right information,” said Mark Yoshida, staff attorney with the Asian Pacific American Legal Center in Los Angeles.

Some groups have already launched regular forums, and others are planning similar sessions.

Los Angeles County is sponsoring meetings throughout the area and is using toll-free telephone numbers in 10 languages. INS staffers and lawyers are cooperating. People seeking information can call the county’s citizenship assistance office at (323) 260-2171.

The new law has three major provisions that are leading to confusion.

First, it allows green card applications by tens of thousands of illegal immigrants who say they were wrongly denied a chance for amnesty under the 1986 statute. Most of these “late amnesty” applicants say they were rejected, or dissuaded from applying, because of brief absences from the United States.

However, eligible applicants must have lived in the United States between 1982 and 1988 and must be participants in three federal lawsuits challenging the government actions.

Second, the law seeks to reunite divided families by expanding visas for spouses and children stuck in backlogs while waiting to join husbands, wives and parents who are already legal U.S. residents.

Immigration law has long allowed citizens and green-card holders to petition for their loved ones abroad. Federal officials plan to issue guidelines by early spring.

But the portion of the new law generating the most confusion is legislators’ decision to restore, for a four-month period, Section 245(i) of the Immigration and Nationality Act. This provision is much-discussed in immigrant circles, and its up and downs are followed in the ethnic press like economic booms and declines.

The provision allows certain illegal immigrants to apply for green cards without leaving the country--but only if they have a close family member or employer to sponsor them.

The ability to fill out the forms in the United States is crucial, despite a $1,000 penalty fee. That is because leaving the country to complete the paperwork could subject applicants to bans from returning for up to 10 years under other laws.

Showing the Degree of Misunderstanding

Those eligible under this section must apply by April 30.

At a community charla, or discussion, at One Stop Immigration on the Eastside recently, it was clear just how much misunderstanding exists about the new law.

With about 400 people waiting, counselors allowed about 100 in at a time. Participants were reminded that there was no general amnesty.

“I have an aunt in Chicago; can she apply to get me papers?” asked Irma Villa, a 35-year-old mother of three.

A counselor, Mario A. Villa, had heard similar questions before.

“Aunts, uncles, grandmothers, friends--none of these can petition for immigrant relatives,” Villa said. “Only close relatives, like spouses, parents and the brothers and sisters of citizens.”

Irma Villa’s husband, Juan Villa, who works at a car dealership, wanted to know if his failed amnesty application from the 1980s might be revived. He was told to seek an appointment with an advisor.

Those with any possibility of receiving green cards through legal relatives or employers were urged to file applications by April 30.

“Don’t wait until the last minute,” said Julio Martinez, a One Stop coordinator.

Julio Morales, a 32-year-old truck driver, had a question. He and his girlfriend have been together for four years, living as man and wife. They have a three-year-old son, Cesar, who accompanied them and is a U.S. citizen. But, Morales said, there is one problem: He has a green card; his girlfriend is illegal.

“Can I file for her even though we are not married?” Morales asked.

“Go get married and file a petition for her before April 30,” a counselor replied. “And invite me to the party.”

Immigration lawyers and experts are encouraging people in similar predicaments to formalize such unions in time to qualify under the new law. But, they warn, a fraudulent marriage with a green card in mind is a federal crime.

Morales was clearly displeased with the response. “I don’t see why we should have to get married,” he said. Nonetheless, he said he probably would take the advice.

His girlfriend, Beatriz Meneses, 23, couldn’t suppress her smile. Finally, she said.