Understanding the Liberian Refugee Immigration Fairness Act

The passage of the Liberian Refugee Immigration Fairness Act ends nearly 30 years of “temporary” status for thousands of Liberians. Signed into law on December 20, 2019, LRIFA provides a singular ray of hope in an otherwise bleak immigration landscape.

LRIFA means that many Liberians who have lived in limbo may now move forward toward permanent residence and citizenship. But while the law has generous eligibility requirements, its short filing window means Liberians need to act quickly to assess their eligibility.

Who is eligible?

  1. Any Liberian national who has been continuously present in the United States during the period beginning November 20, 2014 and the date on which the application under LRIFA is filed or
  2. The spouse, child, or unmarried son or daughter of a person described in (1).

When can I file my application? 

USCIS announced that it has begun accepting LRIFA applications as of December 26, 2019. All applications must be filed within 1 year of the date of LRIFA’s enactment or no later than December 19, 2020.

I was on Ebola TPS. Am I eligible?

Any Liberian who has been continuously present in the United States during the period beginning November 20, 2014 and the date you file your application is eligible.

I have DED or DACA or am on a valid non-immigrant visa (F-1, H-1B, etc.) right now. Am I eligible?

Any Liberian who has been continuously present in the United States during the period beginning November 20, 2014 and the date you file your application is eligible.

I’m not on DED now. I never had TPS. Am I eligible?

Any Liberian who has been continuously present in the United States during the period beginning November 20, 2014 and the date you file your application is eligible.

I have traveled outside the United States. Will I still be eligible?

Possibly. You must have been “continuously present” in the United States between November 20, 2014 and the date you apply under LRIFA. You have been “continuously present” even if you have made a few short trips outside the United States. If your trips add up to more than 180 days outside the United States you will not be eligible.

Can I travel now?

The LRIFA does not give you permission to come into the country. If you leave, you may not be able to return. Check with an immigration lawyer before leaving the United States.

I have a criminal history. Will I still be eligible?

Possibly, but you should check with an immigration lawyer before filing any papers. You will not be eligible if you have been convicted of any aggravated felony or two or more crimes involving moral turpitude.

I took part in the Liberian civil war. Will I be eligible?

Possibly, but you should check with an immigration lawyer before filing any papers. The LRIFA says that anyone who has ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion is not eligible for a green card under the LRIFA.

I have a final order of deportation. What do I need to do?

The LIRFA is clear that DHS must establish a process to “stay” (stop) any LIRFA applicant’s removal order while the application is pending. That means that once you file your LIRFA application, you cannot be deported unless your LIRFA application is denied.

If you were ordered deported because your asylum application was denied, you overstayed your visa, you did not renew your DED or TPS, for other reasons besides a criminal conviction, you should be eligible under the LRIFA. You will not need to file a motion to reopen. If you were ordered deported because of a criminal conviction, you might not be eligible. Talk to an immigration lawyer before you file anything.

I am in detention with a final order of deportation. What should I do?

We do not expect ICE to attempt to deport people who are eligible for LIRFA. Liberians in detention who may be eligible for LIRFA should:

  • Tell your detention officer that you intend to apply for LIRFA.
  • Contact your immigration attorney to make a plan for filing the application as soon as possible. If you do not have an immigration attorney, contact the free legal service providers who work at your detention center or call 612-341-9845.
  • Make sure a trusted family member or friend knows where you are. They can check the ICE Online Detainee Locator with your full name and date of birth or A-number.

I do not have a work permit right now. Can I work under LRIFA?

Once you file your LRIFA application you will be able to apply for employment authorization. DHS may issue you a work permit right away. If your LRIFA application for adjustment of status is pending for a period exceeding 180 days and has not been denied, DHS must authorize employment.

How can I get ready to file my LRIFA application?

  • Save money. You will need to pay the filing fee and a biometrics fee. At this time the fee is $1,225 for an adult, and the fees are scheduled to increase (make sure to check the USCIS.gov website for up-to-date filing fee information when you are ready to file). You will also need an immigration medical exam, which may not be covered by insurance.
  • Gather proof of continuous presence. You will need to show that you have been “continuously present” in the United States as of November 20, 2014. USCIS will provide more instructions about what you will need, but you will likely need copies of some documents like pay stubs, leases, or other records showing you were in the United States. If you traveled outside the United States, you will need to calculate the exact number of days you were outside the country.
  • Make a list of your addresses and your employers from the last 5 years. The application form asks for this information.
  • If you ever filed for asylum, get a copy of that application and have an immigration lawyer review it before you file.

Do I need a lawyer?

You should talk with an experienced immigration lawyer or BIA accredited representative if you have any questions about how to file your application or whether you are eligible for LRIFA adjustment. Every case is different, so do not rely on advice given to someone else. Get your own answers before you file.

  • Criminal convictions may affect your eligibility for LRIFA adjustment. Talk to a lawyer before you file.
  • What you said in your asylum application may affect your eligibility for LRIFA adjustment. Talk to a lawyer before your file.

How do I find an immigration lawyer?

  • You can hire a lawyer to prepare and file your application and help respond to any questions from USCIS. You can also consult with a lawyer to answer questions. Different lawyers charge different fees. Ask about fees before you agree to have the lawyer represent you. Ask whether they charge a flat fee or charge by the hour. Ask about payment plan options. Always get a fee agreement (sometimes called a retainer agreement) in writing. Take time to review it before signing. You can find immigration lawyers at www.ailalawyer.com
  • Free legal services may be available if you have a low income. You can find free and low-cost legal services at www.immigrationlawhelp.org. We know our colleagues at the Black Immigrant Collective will be organizing events in Minnesota. Watch for community legal advice clinics near you.

Where do I find forms and filing instructions?

The federal government’s website is the best place to find accurate information about filing your LRIFA application. Check www.uscis.gov/i-485. Each tab on the page contains specific information about LRIFA applications.

Note: This blog is not legal advice. Every case is different. Please consult with an experienced immigration attorney before making any decision about your case.

Please comment to join our community of human rights advocates. The Advocates for Human Rights produces this blog in a spirit of thoughtful communication. Comments are open, but are moderated.

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s