Green Card Approval under USA PATRIOT Act
Posted Jun 06, 2003

With recent reports of Philadelphia, Miami, and some cities in California denouncing the USA PATRIOT Act, we are pleased to share with our readers a positive aspect of this law as it pertains to relief for the families of the victims of September 11, 2001 and to those directly impacted by the tragic events of that day. Most of the provisions of the USA PATRIOT Act severely curb liberties for those suspected of terrorism, which is why the law has received widespread criticism. The concern has been that civil liberties and the U.S. Constitution have been ignored under this law and that affected persons are provided no opportunity to prove their innocence. For readers unfamiliar with the USA PATRIOT Act, refer to our October 12, 2001 MurthyBulletin article, PATRIOT Act of 2001 - A Bill Introduced in U.S. House, available on MurthyDotCom.

On May 8, 2003, the U.S. Department of State (DOS) issued an interim rule implementing certain portions of the USA PATRIOT Act permitting immigration relief for a limited group of persons affected by the events of September 11^th. Specifically, the USA PATRIOT Act created a new "SP" employment-based, fourth preference category for persons who were the beneficiaries of labor certifications, I-140s, I-130s or K-1/K-3 petitions filed prior to September 11, 2001, if the petition or labor certification was revoked, terminated, or nullified as a direct consequence of the events of 9/11. That is, in the instance of family-based cases, eligibility would require that the petitioning relative, beneficiary, or applicant either died or became too disabled to carry the petition forward. In employment-based cases, it is necessary to show that the attacks on September 11, 2001 caused the employment to cease because of physical damage to, or destruction of, the petitioner's business.

The SP benefits extend to spouses and children of individuals who fit within the SP category, even if the principal spouse is now deceased. To be eligible, the familial relationship must have existed as of September 10, 2001. The benefits may even extend as far as to grandparents, if the events of 9/11 are the reason there is no parent remaining. The decisions as to eligibility for this category are made by the BCIS.

Although the circumstances of the law being passed were due to the tragic events of September 11^th, we are pleased to share with MurthyDotCom and MurthyBulletin readers a recent successful approval in this category for one of our clients. The client was the beneficiary of a labor certification filed prior to September 11, 2001. Unfortunately, the client was laid-off from employment amidst massive company layoffs. The employer had to close their New York office, under civil decree, due to physical damage incurred from the 9/11 attacks. This closing caused the company to suffer substantial financial loss and a reduction in workforce, including the layoff of our client. We filed the request for relief under the USA PATRIOT Act in September 2002 and on May 9, 2003 we obtained an approval of his "green card" case under the fourth preference category. This approval was particularly helpful for the client who had suffered a series of unfortunate setbacks in his immigration case due to his loss of employment.

This humanitarian aspect of the USA PATRIOT Act provides much-needed immigration relief for those who have lost their sponsoring family members or suffered financially, as through the loss of employment resulting from September 11th. It is important to take advantage of any such laws that may help companies and individuals to obtain immigration benefits in certain extraordinary circumstances, as in this case. We at The Law Office of Sheela Murthy are happy to share this information with the hope that others who have suffered as a result of 9/11, will be able to obtain some solace through immigration benefits available under the USA PATRIOT Act.