United States: Whether the United States (US) government has offered amnesty to Indian citizens illegally residing in the US and, if so, during what time period or periods; whether an Indian citizen who obtained legal status in the US under an amnesty in the 1990s would have been legally permitted to bring his or her family to the US to live, and, if so, the legal steps he or she would have had to undertake to do so
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board of Canada, Ottawa |
| Publication Date | 20 November 2008 |
| Citation / Document Symbol | USA102978.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, United States: Whether the United States (US) government has offered amnesty to Indian citizens illegally residing in the US and, if so, during what time period or periods; whether an Indian citizen who obtained legal status in the US under an amnesty in the 1990s would have been legally permitted to bring his or her family to the US to live, and, if so, the legal steps he or she would have had to undertake to do so, 20 November 2008, USA102978.E, available at: https://www.refworld.org/docid/49b92b1d1e.html [accessed 1 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
In 14 November 2008 correspondence, an official of the United States (US) Department of Homeland Security in Washington, DC stated the following:
In 1986, the Immigrant Responsibility and Control Act (IRCA) was signed into law. IRCA created section 245A and section 210 of the U.S. Immigration and Nationality Act (the Act). Section 245A of the Act is entitled "Adjustment of Status of Certain Entrants Before January 1, 1982, to That of a Person Admitted for Lawful Residence" and is commonly referred to as "Legalization." Section 210 of the Act is entitled "Special Agricultural Workers" and is commonly referred to by its acronym, "SAW." There was never an "amnesty" for Indian nationals specifically; but an Indian national would be eligible to apply for either Legalization or SAW.
Legalization: Without listing all requirements, in general, Section 245A Legalization allowed an alien to apply for temporary residence if the alien establishes that he entered the United States before January 1, 1982, that the alien has resided continuously in the United States in an unlawful status since such date and through the date the application was filed, and that the alien was continuously physically present in the United States since the date of the enactment of the statute. The original application filing period for Legalization was from May 5, 1987 to May 4, 1988. However, due to litigation, applications for Legalization pursuant to section 245A were also properly accepted in certain specific circumstances from July 1998 to February 2, 2001, from June 1, 2001 to June 4, 2003, from May 4, 2004 to December 31, 2005 and will be accepted from February 1, 2009 to January 31, 2010.
SAW: Without listing all requirements, in general, Section 210 SAW allowed an alien to apply for temporary residence if the alien establishes that he performed seasonal agricultural services in the United States for at least 90 "man-days" during the 12-month period ending on May 1, 1986. The application filing period for SAW was from June 1, 1987 to November 30, 1988.
Both Legalization and SAW consist of a two-step process. The initial application is for status as a Temporary Resident. If the application for status as a Temporary Resident were approved, the alien may apply for status as a Lawful Permanent Resident. The application process for status as a Lawful Permanent Resident differed somewhat depending on whether the alien obtained Temporary Resident status through Legalization or SAW.
A Temporary Resident may not file a petition for a spouse or child to immigrate. However, a Temporary Resident's spouse or child present in the United States may file for "Family Unity" benefits under 8 Code of Federal Regulations 236.10-236-18. "Family Unity" benefits did not confer a status but afforded the approved applicant a stay of deportation and employment authorization.
Again, if the application for status as a Temporary Resident were approved, the alien may apply for status as a Lawful Permanent Resident. If the alien is granted status as a Lawful Permanent Resident, the alien may petition for qualified family members as provided in the Act (for example a spouse and/or child) just as any other Lawful Permanent Resident may petition (i.e. regardless of how the alien obtained Lawful Permanent Resident status). In general any Lawful Permanent Resident may file a visa petition for a qualifying spouse or child (as defined in the Act). If the spouse or child is living outside of the United States, if the visa petition for classification is approved, the Department of State adjudicates an application for immigrant visa at the consulate abroad.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Reference
United States (US). 14 November 2008. Department of Homeland Security. US Citizenship and Immigration Services (USCIS). Correspondence from an official forwarded to the Research Directorate by the Embassy of the United States in Ottawa.
Additional Sources Consulted
Internet sources, including: The American Immigration Law Foundation (AILF), Factiva, International Organization for Migration (IOM), United States Committee for Refugees and Immigrants (USCRI).
