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Immigration
Q: How did the WTC disaster affect federal immigration policies?
The WTC disaster caused many people to be concerned that their immigration status might be lost due to the death of a family member or loss of the employment on which their status was based. In response, the Immigration and Naturalization Service announced on October 10, 2001 that it would "exercise its discretion in a compassionate way toward families of victims." Since that time, various changes in relevant law and regulations have been adopted, primarily through the provisions of the USA PATRIOT Act of 2001, in order to preserve immigration status and benefits for WTC victims and their families. While a full discussion of these issues is beyond the scope of this Handbook, you should be aware that many aspects of immigration law and regulation now include exceptions for persons affected by the WTC disaster.
I was in the process of becoming a permanent resident based on a family relationship with a victim of the WTC disaster. How will the WTC disaster affect my immigration status?
The USA PATRIOT Act grants special immigrant status to people who were in the process of securing permanent residency through a family member who is deceased or disabled or unemployed as a direct result of the WTC disaster. To qualify, you must file a petition and otherwise be eligible to receive an immigrant visa. The spouse and children of a WTC victim are eligible for such special immigrant status if they were in the United States on September 10, 2001 or were "following to join" a WTC victim in the United States not later than September 11, 2003.
I was in the process of becoming a permanent resident based on employment which was lost as a result of the WTC disaster. How will that affect my application?
The USA PATRIOT Act also grants special immigrant status to persons who were in the process of securing permanent residency through employment which was lost due to disability or as a result of the damage or destruction of a business. To qualify, you must file a petition and otherwise be eligible to receive an immigrant visa.
I am an immigrant who is the spouse or child of a U.S. citizen or lawful permanent resident who is deceased as a result of the WTC disaster. Now does my relative's death affect my immigrant status?
The USA PATRIOT Act permits the spouse and children of a U.S. citizen who died as a result of the WTC disaster to petition for permanent resident status, so long as the petition is filed within two years of the date of the citizen's death (and prior to any remarriage). The spouse and children of a lawful permanent resident who were included in a petition for classification as a family sponsored immigrant filed by the lawful permanent resident may maintain that petition with the same priority date. If the spouse or child of a permanent relative who died as a result of the WTC disaster was present in the U.S. on September 11 but had not yet been petitioned for, they may self-petition for permanent residence.
Has the WTC disaster affected the length of my visa?
If you were in lawful nonimmigrant status on September 11 and were disabled as a result of the WTC disaster, you and your spouse and children may remain lawfully in the U.S. and receive work authorization for one year or, if later, until your visa status would otherwise terminate. The nonimmigrant spouse and children of a person who died as a direct result of the WTC disaster are also entitled to the one-year period and work authorization.
What happens if I am unable to meet an INS deadline?
The USA PATRIOT Act granted extensions for nonimmigrants who may have been unable to meet various deadlines, such as visa waivers, diversity lotteries, immigrant visas and advance parole, as a direct result of the WTC disaster. Note, however, that many of these extended deadlines have already expired. For more information on these deadlines or for legal assistance, contact one of the organizations listed below.
Where can I find more information?
Additional information is available from the INS at (800) 375-5283 or at www.ins.gov. Individuals with immigration-related questions are encouraged to consult an attorney since this is a complicated area of law. You can obtain legal advice by contacting The Legal Referral Service of the New York City and County Bar Associations at (212) 626-7373 the City Bar Fund September 11th Legal Relief Initiative Hotline at (212) 382-4763. In addition, free legal services for individuals who cannot afford private attorneys may be obtained through the following organizations:
Legal Aid Society (serves all boroughs of New York City)
Immigration Unit
166 Montague Street
Brooklyn, NY
(718) 722-3100
Immigration Legal Services
Jackson Heights Community Office
74-09 37th Ave., Suite 412
Queens, NY
(718) 899-1233
Catholic Charities
Department of Immigration and Refugee Services
1011 First Avenue, 12th floor
New York, NY
(212) 419-3700
