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LULAC (League of United Latin American
Citizens) /
CSS (Catholic Social Services)
The new filing deadline for CSS/
LULAC (Newman) legalization cases is
December 31, 2005.
CSS
On January 23, 2004, the United States District Court for
the Eastern
District of California, Western Division, approved a final
settlement
agreement in the CSS legalization case. In general, the settlement
agreement
provides a final application period for eligible individuals
to file
simultaneous applications for class membership and application
for
legalization on Form I-687. The filing deadline for such applications
is
December 31, 2005. Any individual wishing to file an application
pursuant to
the settlement agreement must follow the filing instructions
below:
USCIS LULAC News Release 5/16/05
You can read the complete document in .pdf format <here>
LULAC (Newman)
On February 18, 2004, the United States District Court for
the Central
District of California approved a final settlement agreement
in the LULAC
(Newman) legalization case. In general, the settlement agreement
provides a
final application period for eligible individuals to file
simultaneous
applications for class membership and application for legalization
on Form
I-687. The filing deadline for such applications is December
31, 2005. Any
individual wishing to file an application pursuant to the
settlement
agreement must follow the filing instructions below:
USCIS LULAC News Release 5/16/05
You can read the complete document in .pdf format <here>
A new registration period for LULAC
& CSS began May 24th, 2004 and runs until May 25th, 2005.
Summary The Immigration Reform and Control Act of 1986 created
a one-year amnesty program from May 5, 1987 to May 4, 1988.
During this time, individuals who had resided unlawfully in
the United States from before January 1, 1982 to the time
they submitted applications could apply to adjust status to
lawful temporary residency and later permanent residency.
The Immigration and Naturalization Service
(INS) created restrictive regulations and policies in the
implementation of this program and wrongfully refused to accept
hundreds of thousands of applications. In response,
the Center For Human Rights brought two class action lawsuits:
CSS and LULAC/Newman.
Commencing May 24, 2004, and continuing
for one year, hundreds of thousands of long-term immigrants
around the country will have the opportunity to apply for
legalization of status under the 1986 IRCA. This legalization
opportunity results from recent settlements reached in the
Catholic Social Services v. Ridge and Newman v. Department
of Homeland Security (formerly LULAC v. INS) class action.
On January 23, 2004, the federal district
court in Sacramento, California, approved a settlement
of the CSS class action (In .pdf form). On February 17,
2004 a federal judge approved a final settlement in the Newman
(LULAC) case.
The government issued a formal press release
announcing the CSS and Newman(LULAC) legalization program
on March 22, 2004. At that time, the government also released
a public notice explaining the program and made legalization
application forms and instructions available in U.S. Citizenship
and Immigration Services ("CIS") offices nationwide and its
web
page. All necessary forms are also available on this site.
Forms I-687
(4/30/04 Edition- PDF) UPDATED Application for Status as a
Temporary Resident. CIS WILL NOT accept editions prior
to 4/30/04.
Individuals who meet the following
requirements will be able to obtain lawful status under the
CSS settlement:
You lived in the United States unlawfully
from before January 1, 1982, to a date between May 5, 1987,
and May 4, 1988, when you went to an office of the Immigration
Service or a Qualified Designated entity to apply for legalization.
You visited an INS office or Qualified
Designated Entity between May 5, 1987, and May 4, 1988,
to apply for legalization.
The INS or QDE told you that you were
ineligible for legalization because you had traveled outside
the United States without INS permission.
You do NOT need to have previously "registered"
as a CSS class member. However, IF you did NOT apply for
a CSS work permit, then you must also have had a complete
legalization application and fee when you went in to apply
for legalization. If you ever attempted to get a CSS work
permit--even if the INS refused to give you a work permit--then
it is NOT required that you had a complete application and
fee when you went in to apply for legalization.
Persons who didn't visit an INS or
QDE office during the May 1987-May 88 application year do
not receive any benefits under the settlement.
Who is covered under the Newman (LULAC) settlement?
Individuals who meet the following requirements will be able
to obtain lawful status under the Newman(LULAC) settlement:
You lived in the United States unlawfully
from before January 1, 1982, to a date between May 5, 1987,
and May 4, 1988, when you went to an office of the Immigration
Service or a Qualified Designated entity to apply for legalization.
You visited an INS office or Qualified
Designated Entity between May 5, 1987, and May 4, 1988,
to apply for legalization.
The INS or QDE told you that you were
ineligible for legalization because you had traveled outside
the United States and come back using a tourist, student,
or other re-entry document.
You do NOT need to have previously "registered"
as a Newman(LULAC) class member. However, IF you did NOT
apply for a Newman(LULAC) work permit, then you must also
have had a complete legalization application and fee when
you went in to apply for legalization. If you ever attempted
to get a Newman(LULAC) work permit--even if the INS refused
to give you a work permit--then it is NOT required that
you had a complete application and fee when you went in
to apply for legalization.
Persons who didn't visit an INS or
QDE office during the May 1987-May 88 application year do
not receive any benefits under the settlement.
I (or my relative or friend) no longer lives in the
United States. May I (or he or she) still apply under the
CSS or Newman (LULAC) settlements?
So far, the government has "interpreted" the settlement to
say no, that people are not entitled to apply from abroad
for CSS and Newman (LULAC) settlement benefits. As the lawyers
for CSS and Newman (LULAC) class members, we read the settlement
differently. The Center believes a strong argument can be
made that people have a right to legalize from abroad.
We are recommending that persons who are otherwise qualified
under the settlement should not let the one-year application
period go by without applying simply because they no longer
live in the United States. By applying from abroad, they will
preserve their rights under the settlement. In the event the
court decides that people may apply under the settlement from
abroad, which if may very likely do, you do not want to be
lose your chance to obtain lawful U.S. residence because you
did not apply during the one-year application period.
How do my rights under the CSS and Newman (LULAC)
settlements relate to my rights under the LIFE Act?
Class members' rights under the settlement are independent
of and in addition to their right to obtain legal status under
the LIFE Act.
Many persons who have rights under the CSS and Newman (LULAC)
settlements have already applied to adjust their status under
the LIFE Act. Unless the CIS has approved your LIFE Act application,
however, we recommend that you apply as well under the CSS
and Newman (LULAC) settlements. This is why:
The Center continues to receive reports that CIS is being
very hard on LIFE Act applicants. Among other reasons, the
CIS is reportedly denying LIFE Act applications because the
applicant cannot produce "original" proof of residence, such
as original rent receipts, pay stubs, and the like. Many LIFE
Act applicants are also being issued denials or "notices of
deficiency" because they cannot pass an in-person oral examination
on U.S. civics and English. In many other cases, the CIS has
simply delayed deciding LIFE Act applications, and there is
no way to know when the agency will get around to making a
decision.
The CSS and Newman (LULAC) settlements offers class members
several important advantages over the LIFE Act: The settlements
provide clear guidance as to how and when the CIS must process
class members' legalization applications. The settlement provides
that class members may establish eligibility for legalization
by way of declarations, and not only by original documents.
The settlement also provides class members the right to appeal
to a "special master," a judicial officer with the authority
to correct the CIS's errors in the event the agency does not
decide a class member's legalization application promptly,
fairly, and in accordance with the settlement's guidelines.
Also, an applicant who legalizes under the CSS and Newman
(LULAC) settlements will not have to meet the English and
U.S. history requirement until 12-18 months after the CIS
grants them temporary residence.
There are also some substantive advantages to legalizing under
the settlement, particularly CSS and Newman (LULAC) class
members with children who lack lawful immigration status.
CSS class members who legalize under the settlement can apply
for "family unity" benefits (work authorization and protection
against deportation) for their children and spouses. In contrast
to LIFE Act family unity, the children of class members who
legalize under the settlement will not lose family unity status
when they turn 21 years old. Children lose their family unity
benefits when they turn 21 if their parents legalized under
the LIFE Act instead of the CSS and Newman (LULAC) settlements.
What about CSS and Newman (LULAC) class members with
pending or approved legalization questionnaires?
During 1999-2000 the former INS operated a "legalization questionnaire"
program. Under this program, individuals filed legalization
questionnaires with the INS. These questionnaires were intended
to allow the INS to determine whether the individual had been
"front-desked": that is, that he or she tendered a complete
legalization application and fee to the INS during the 1987-88
application year and had been turned away. If the INS approved
an individual's questionnaire, he or she was instructed to
a file legalization application with the INS Service Center
in Texas.
A court judgment in the related LULAC class action required
the INS to open the legalization questionnaire program to
LULAC class members, but the agency voluntarily extended it
to CSS and Zambrano class members, and indeed, to anyone at
all who claimed that he or she had been front-desked during
the 1987-88 amnesty application year. The INS stopped taking
new legalization questionnaires in February 2000, but many
questionnaires, as well as legalization applications filed
in Texas, have never been decided. There is no way of knowing
when or if the CIS decide these applications.
We have no way of forcing the INS to adjudicate CSS and Newman
(LULAC) class members' legalization questionnaires or legalization
applications filed with the INS Texas Service Center. We accordingly
recommend that CSS and Newman (LULAC) class members apply
under the settlement even though they have pending legalization
questionnaires or have filed form I-687 legalization applications
with the INS's Texas Service Center.
The CSS and Newman (LULAC) settlements offer class members
several important advantages over the legalization questionnaire
program: The settlement provides binding guidance as to how
and when the CIS must process class members' legalization
applications. The settlement provides that class members may
establish eligibility for legalization by way of declarations,
and not only by original documents. The settlement also provides
class members the right to appeal to a "special master," a
judicial officer with the authority to correct the CIS's errors
in the event the agency does not decide a class member's legalization
application promptly, fairly, and in accordance with the settlement's
guidelines.
What is the status of CSS and Newman (LULAC) work
permits?
The CIS remains obliged to renew CSS and Newman (LULAC) class
members' work permits. Class members without a work permit
will receive one once they file under the CSS and Newman (LULAC)
settlements so long as their legalization applications appear
to meet the requirements for legalization. If you have problems
renewing or obtaining a CSS or Newman (LULAC) work permit,
please advise the Center by email to info@durrani.com
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