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Tuesday February 20, 2001

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New immigration law fosters hope and confusion

By The Associated Press

OCEANSIDE, Calif. - On Friday evening, more than 200 people wait patiently inside a church for a lawyer from the Mexican Consulate.

Most are illegal immigrants or related to someone who is, and they're eager to learn details of a complex new immigration law that is a constant topic of discussion and rumor in ethnic communities.

"We came because people say there's going to be an amnesty," said Sergio Magallon, a 25-year-old laborer from the Mexican state of Jalisco. "But apparently, that's not true."

Indeed, it is not.

Consulate lawyer Barbara Strickland said the new Legal Immigration and Family Equity Act eases the process of getting a visa but doesn't create a broad amnesty for illegal immigrants like the one in 1986.

"We're disappointing a lot of people," Strickland said after her presentation, one of about a dozen she's given in recent weeks.

The Immigration and Naturalization Services estimates that about 1 million people will take advantage of the new law, although the actual number eligible is uncertain. The nation has an estimated 7 million to 10 million undocumented immigrants.

Some of the confusion arises because Congress debated broader benefits for immigrants before approving the act, but the final version signed by President Bill Clinton on Dec. 21 contained only limited changes.

Its main provision allows certain people who entered the country illegally or have an expired visa to apply for legal residency without leaving the United States - previously, they would have to return to their home country and wait for a year or more. But they must pay a $1,000 penalty and have a qualified relative or employer file an application on their behalf by April 30.

This is a major benefit for some people, said Lilia Velasquez, an immigration attorney in San Diego.

"If he was the breadwinner, how could he leave his family behind?" Velasquez said.

"They would be stuck all alone."

Another part of the law allows more than 200,000 illegal immigrants to apply for legal residency, but only if they were part of three class-action lawsuits filed on behalf of people denied amnesty in 1986.

Because of confusion about the law, community groups from the Asian Pacific American Legal Center to the Guatemalan Unity Information Agency, both in Los Angeles, have been holding informational meetings to help people determine if they can benefit. And Los Angeles County set up a hotline in 10 languages.

One concern is that unscrupulous immigration consultants or lawyers will take advantage of the confusion.

The San Diego County District Attorney's office already has charged the operator of one business with grand theft and forgery, alleging the firm took large fees to process applications for immigrants who did not qualify under the law.

Strickland said one family paid $7,000 for a fraudulent application.

"These people are really desperate to have some sort of legal status," she said.

At her presentation at the church in Oceanside, some got good news.

Antonia Nunez, a factory worker from Escondido, learned that her sister, a legal U.S. resident, will be able to get a visa for a 10-year-old daughter born in Mexico.

But Magallon said he didn't seem to qualify for any kind of relief.

"I'll just have to wait," he said.