Illegal immigrants’ Attorneys, organizations and wedding coordinators agree illegal immigrants in Hawaii are not sprinting to the altar to change their legal status in the country before the April 30 deadline.
deadline nears
A chance to cut some visa and
By Rosemarie Bernardo
residency red tape ends April 30
Star-BulletinDebbie Guillaume of Hawaii Civil Marriages said, "There's no large influx."
In January and February less than 100 applications were submitted to the Immigration Service, said Donald Radcliffe, district director for the Immigration and Naturalization Service.
The numbers in Hawaii do not mirror the high percentage on the mainland, which shares borders with Mexico and Canada. Some who have been in the country illegally or have overstayed their time are seeking permanent residency under a new federal law that gives certain immigrants until the end of the month to file papers seeking to legalize their status.
"It's an unusual opportunity for those who are out of status to become a permanent resident," Radcliffe said. "This provision allows them to stay in the country rather than go abroad to get an immigrant visa."
Under the new law, called the Legal Immigration and Family Equity Act, or LIFE Act, immigrants may now apply to become a permanent U.S. resident without leaving the country.
Marriage to an American citizen is among the fastest ways to ensure approval under the act, and the looming deadline is believed to be a main reason behind a spike in marriage licenses issued here and elsewhere.
Normally, if an illegal immigrant is here between 180 days to a year, he is barred from re-entering the country for three years. If an illegal immigrant is here for more than a year, he can be barred for 10 years, Radcliffe said.
Since its passage Dec. 21, the law reinstates a provision in effect from 1994 to 1998 that allows immigrants to apply for legal status without having to go to the U.S. Consulate in their home country.
For those seeking permanent residency, illegal immigrants are required to pay a $1,000 fine to the U.S. government, said immigration attorney Ronald Oldenburg.
"If it's a legitimate marriage, they should take advantage of it," said Radcliffe.
One downside of the law is that it could prompt a fraudulent marriage. If it's not a true marriage, the illegal immigrant can be criminally prosecuted.
Oldenburg said, "If somebody rushes into a marriage to get a green card ... they're asking for some major problems."
After a U.S. citizen files a petition for his or her spouse, the couple is interviewed by immigration officials within six months, Radcliffe said.
Witnesses to the wedding are questioned, financial accounts are reviewed, and daily routines of each spouse are investigated to determine whether the marriage is true.
The Associated Press
contributed to this report.