The program letter clarifies that under this interpretation of the term, LSC-funded programs that have commenced to represent an immigrant may continue providing services even if the client temporarily leaves the U.S.  LSC grantees also may commence representation of immigrants who are temporarily outside the country as long as their presence in the U.S. is sufficient to maintain their residence or lawful status and they have not abandoned either their residence or status.

According to the letter, different standards apply to immigrants who are H-2A workers.  They may be represented with LSC funds as long as they have been admitted to and are present in the U.S. under an H-2A contract and the representation arises out of an issue involving the contract.  "LSC grantees," the letter continues, "are authorized to litigate this narrow range of claims to completion, despite the fact that the [immigrant] may be required to depart the U.S. prior to or during the course of the representation."  The program letter also notes that in the case of both otherwise eligible immigrants and H-2A workers, LSC-funded programs may not provide representation to persons who have "never entered or been present in the U.S."

The LSC issued the program letter nearly a year after it published a notice in the Feb. 18, 1999, Federal Register requesting comments on proposed interpretations of the term "present in the U.S" (see "LSC to Interpret Meaning of "Present in the U.S." Restriction on Alien Representation," Immigrants’ Rights Update, Mar. 3, 1999, p. 11).  Until the program letter was issued, the LSC had not defined the term despite its presence in both the statute and regulations governing the agency’s functions.  As a result of efforts made by the National Immigration Law Center and many other advocacy groups, the definition finally adopted by the LSC proved to be broader than those the agency initially proposed in its Federal Register notice.