Time will run out this month on the undocumented men and women who want to build a new life in America, unless Congressman Gregory Meeks succeeds in finding the support to extend their hope and the deadline on the Legal Immigration and Family Equity (LIFE) Act.

Meeks held an educational forum on the subject on April 6, and according to Winston Tucker, a Southeast Queens immigration lawyer, the people LIFE could help are hardworking people whose legal time to make their dream in America just wasn’t long enough.

Tucker said, "You are most definitely going to find that the people who take the chance to immigrate and overstay are people who are trying to improve their status and are willing to work hard."

Most of the ones he sees at the office are young adults from the Carribean. "But I am finding that quite a few people are coming from the former Soviet Republic," he said. Other affected immigrants come from Africa.

"They need to work," Tucker said. "They need to be productive. Because the law is that if you are here illegally, you are ineligible for work. They have to work in the underground economy, and they do not get any benefits."

Education is also a problem. There are many young adults who are passing the age of 21 and legally becoming independent, creating their own immigrant status. The law requires that states educate every child irrespective of status, but only up to the 12th grade and many bright students have trouble going to college.

In 1994, Congress created what was called the Immigration and Nationality Act (INA) 245(i), which let aliens who had out-stayed their legal time pay a $1,000 fine and adjust their status without leaving the U.S. The INA had an application deadline of January 14, 1998.

The "green card" that allows new immigrants to pursue their dreams is simply no longer "green."

But, no one new could apply for a change of status (or residency), which meant that when Congress passed the Ilegal Immigration and Reform and Immigrant Responsibility Act (IIRIRA), some people were caught between acts.

According to IIRIRA (enacted in 1996), an alien who has been in this country for six months to a year without the proper paperwork after April 1, 1997 can’t apply for the right paperwork for three years and must leave the U.S., even if he or she manages to get a visa. If the alien has been without proper paperwork for one or more years, they can’t return for 10 years.

In December of 2000, the Legal Immigration and Family Equity (LIFE) temporarily revived INA 245(i).

Undocumented aliens now have until April 30 to apply for permanent status, but their application must arrive at the Immigration and Naturalization Services (INS) office by that date. A postmark will not do, according to INS spokesperson Christian Rodriguez.

Meeks pointed out that LIFE is not amnesty. It does not protect an alien from deportation before his application is approved.

There are two ways to apply for a change of status. Under the relative petition, a citizen or legal resident may submit a visa petition to INS on behalf of his relative seeking INA 245(i) benefits. A resident can only file on behalf of a spouse or a single child while a citizen may apply for a spouse, single child, parent or siblinguncle. Rodriguez said that INS gives priority to citizens when issuing residency status, so if one has a choice, he should go with the citizen.

The other way to apply is through an employer, according to Joseph Minogue of the New York State Labor Department’s Office of Alien Employment Certification (AEC).

The alien must first obtain a labor certification from the U.S. Department of Labor through AEC, which is proof that there are no U.S. workers able, willing and qualified to perform the skilled or unskilled labor. Also, the applicant must prove wages and working conditions are not so low that they will adversely affect those of similarly employed workers.

To prove that there are no qualified U.S. workers available, the job must be advertised for three days in a newspaper of general circulation. If the position is a scientific or professional one, one advertisement in a trade or business journal is sufficient.

If a U.S. citizen applies for the job, he cannot be turned down without a valid cause. employer must show that he is unable to find a qualified American worker for the job and it is a real job paying real wages.

In March, Governor George Pataki announced the creation of a special Citizenship Unit to help undocumented immigrants residing in New York State meet the deadline.

Saying that there has been widespread confusion about the extension of LIFE, Pataki directed the New York State Office of Temporary and Disability Assistance (OTDA) to create the special unit to work with immigration groups across the state to provide outreach and technical assistance to people seeking legal residence in New York State.

In addition, Pataki has called on the New York Bar Association, the Association of the Bar of the City of New York, and law school deans to help develop a group of volunteers to work with the Citizenship Unit as it assists applicants with their paperwork.

Pataki also plans to provide an additional $500,000 for emergency legal service contracts and outreach activities to target numerous ethnic groups across the state. The state’s existing hotline for refugee and immigrant information also provides referrals for services to a network of not-for-profit agency.

Meeks expressed his support for Pataki’s work. "The governor has been right on this issue," he said.

Meanwhile, Meeks is trying to extend LIFE for people who believe their dreams are meant to realized in America.

"We are trying to say, ‘don’t let it end.’ If we could get an extension of a few more months, we could help people take advantage of the opportunity," he said.

Even though the original six-month window was enough, "Some people fell asleep at the switch. I don’t think that INS or other government offices did the kind of outreach that we did with the census, for example. That is part of the reason why the time should be extended."

Also, "There is so much misinformation that has been going around. Too many individuals have been going around, saying that this was amnesty. We want to put out the right information so people can get an opportunity to get a visa," he said.

"We want people to get to meet attorneys and community based organizations that are involved in helping immigrants take advantage of the opportunity."

Pataki has, also, tried to breathe more LIFE into the opportunity, calling for federal legislation to extend the provisions.

"We need at least six months to help people become legal residents. They are already in New York and in most cases living productive lives despite their lack of a green card. With more time, the state, working with our congressional delegation, will be able to set up legal clinics in areas of the state with the highest concentrations of eligible undocumented immigrants. With more time, we can help educate immigrants about the complex procedures in the U.S. immigration law so they can decide if they are eligible to undertake the rigorous process," he said.

Tucker, who complained that it could take 11 years after filing for an immigrant to actually receive residency status, called for people to get active in seeking a change in the way immigrants are treated. "There are no immigrant benefits without advocacy," he said.

Numbers To Know

• The Citizenship Unit Hotline number is (800)232-0212 or 899-4000.

• The New York State DOL Alien Employment Certification Office number is (212)352-6535.

• For the Caribbean Immigrant Services, call 523-2861.

• Call the South Jamaica Services for Families and Children at 805-6485.

• The INS website is www.ins.usdoj.gov.