Balam-Chuc

I. FACTS AND PROCEDURAL HISTORY

A. The LIFE Act and Amendments

The Legal Immigration Family Equity Act (“LIFE Act”), INA § 245 (1999) (codified at 8 U.S.C. § 1255 (1999)), was enacted, in part, to provide a mechanism whereby the spouses and minor children of lawful permanent residents could apply more quickly for immigrant visas. See 146 CONG. REC. S11851 (Dec. 15, 2000) (statement of Sen. Kennedy).1 Con- gress established a system of temporary visas in order to pro- vide “a speedy mechanism for the spouses and minor children of U.S. citizens to obtain their immigrant visas in the U.S., rather than wait for long periods of time outside the U.S.” Id. The LIFE Act also provided a method whereby an alien that had entered the United States without inspection or parole, but who was otherwise eligible for an immigrant visa, could apply to the Attorney General for an adjustment of status. 8 U.S.C. § 1255(i) (1999). This adjustment of status—to that of alien lawfully admitted for permanent residence—would allow the alien to remain in the United States, thus avoiding the unde- sirable alternative of forcing aliens to leave their families in the United States while they applied for a…