Hi guys i'm new to this forum. Here's my problem, I applied for CSS/Lulac and got denied. I sent a letter to the Special Master and I'm patiently waiting for their decision but it's been 7 months already and still no decision yet. I even sent them a letter and asking them if they can expedite the process to re-open my case so that I can renew my work permit and still there's no reply from them. So anyway, my questions are, since i applied for I-687 and my case is now closed, is it gonna affect any of of the new application that I'm gonna apply to USCIS like work petition or marriage to a citizen? Is there a possibility that I'll be deported, now that my case has been closed? Thanks in advance and appreciate all your help.

Crazyberns, the Special Master handles only Class Membership denials, not I-687 denials. What was denied? Your class membership worksheet or your I-687 application? If it was the latter, any letter you send will be just ignored, like it's happening now. You had to appeal within the 30-day period after the denial. As for any new application that you file, you have to always disclose the I-687 application, and be consistent with the information that you already submitted, since they have your file. You will not be deported, that was part of the settlement. I can help with your questions if you provide more specific details. Good luck.

hi hjv, thanks you for your quick reply. I think it's for class membership because they sent me a notice and they gave me 30 days to submit an appeal to the Special Master which I did. I also received a notice from them saying that they will forward my appeal to the Center for Human Rights in LA, I would say that's the Special Master. Correct me if I'm wrong. I got denied because an officer interviewed me and asked me if I or my parents left the country in 1981 something like that and I said that i have no idea because I was 5 when we came here to the US. In short the officer didn't believe me that's why she denied me and after couple of months I got the denial letter and also they said that my work permit will be revoked asap. So now I'm jobless. I tried to renew my work permit and paid 380 something dollars and they said that it can no longer be renewed because my application for temporary residency has been denied (I-687). That was the whole story.

Question:
If I apply for another case like that of work petition or marriage to a citizen are they gonna ask me why I got denied from my previous case? Are they gonna ask for details or they wouldn't even care due to the fact that the case is closed? Let me know what your thoughts are...Thanks.

Crazyberns, if you had an interview, that means that you class membership was approved, so the Special Master is out of this. You appealed the denial of you I687 application to the BIA (Board of Immigrations Appeals) and they sent the copy to the Center For Human Rights because they (USCIS) are required to do that per the settlement, since the CHR represents the plaintiffs.

Now, if you sent the appeal on time and it's still pending, you have the right to renew you EAD (Employment Authorization Document). You can keep renewing it until they make a final decision on you appeal.

As for another application, the will probably look at your file, since even if it's closed, does doesn't mean it's sealed. You shouldn't have any problems with that if they denied it for lack of evidence, not becuase of fraud or misrepresentation. Hope this helps.

I'm kind of confused here, i think they interviewed me to match what's written on the cIass membership worksheet and my answer, they're trying to find out if it's going to be the same.

I actually received a denial letter and on their website saying that my application for temporary residency has been denied here's what they posted-"We mailed you a denial decision notice for this case I687 APPLICATION FOR STATUS AS A TEMPORARY RESIDENT. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days, please call customer service at 1-800-375-5283 for further assistance". That's what's written on their website.

I called USCIS and asked them why they sent me a letter of denial of my EAD (work permit) they said that I will only be able to renew it again if they (The Special Master) re-opened my case which I'm still waiting for their decision.

Here's what's written on their website for my work permit:

On January 15, 2008, we mailed you a denial decision notice for this case I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION. The notice explains why the denial decision was made and the options that may be available to you. If you have not received this notice within 30 days of the January 15, 2008, please call customer service at 1-800-375-5283 for further assistance.

Thanks for your help hjv.

Crazyberns, here is what happened: you sent you application package to the Chicago lockbox. They checked the documents in the package and approved the class membership worksheet. That was enough to approve you EAD and send everything to the local office closest to your address. The approval of the class membership does not mean that the I687 is approved also, that's why they had to interview you and check all the evidence that you submitted. The adjudications officer that conducted your interview decided that the evidence that you submitted, as well as your answers, were not enough to convince him/her that your case should be approved, so they denied your case. You appealed that decision, and that appeal is still pending.

Your EAD should be renewed based on the pending appeal of you I-687 application.

So you were saying that i can still renew my work permit even though the case hasn't been re-opened yet? Because according to the officer on the phone whom I asked was that if it's not re-opened yet (the appeal) I won't be able to. Did he give me the wrong information?
Let's say it's really possible, but why did they send me a denial letter saying that I won't be able to renew my work permit? They were saying that my I-687 has been denied that's why. They didn't consider my appeal or they don't have or lost my appeal.

So what do I have to do if it's really possible to renew?
Do I have to pay another application fee?
Sorry if i have a lot of questions. Thanks for all your help.

Crazyberns, all this sounds kind of confusing, because an appeal and a motion to reopen are two completely different things. Anything that they told you on the phone can't be trusted, because the 1-800 number is managed by third-party contractors who give sometimes wrong advice, specially with these legalization cases. You can confirm this if you read the experiences of other users in this forum.

If you appealed the denial of your I-687 application, and you have not received a decision on that appeal, the case is not closed, so there is no reason to think that it is going to be reopened. And while the appeal is pending, you have the right to renew your work authorization.

hi hjv thanks for all your help.

To hjv,

My i687 was denied. Send the appeal within thirty days, they sent it to Appeal decision office in Washington. Couple of months ago i got a nitice of dismissed. They also told me that i can not appeal on this case again. The local office will notify me further blah blah.... My interview was ok. I did not provide that much evidences. However there was no fraud documents at all. The reason thay gave me that they did not trusted my affidavits or other documents. That was their escuse to dismiss my case. What do you think? any deportation? can i still renew my ead since my membership was approved? any suggestion ? thanks

rayban_11366 ,

Are you sure they used the word dismissed? If your appeal was unsuccessful it should have said that the original denial is upheld. I don't understand what they mean by dismissed?

You cannot renew your EAD if your appeal is denied. You are not supposed to be deported, but I personally don't believe that. I think all the denied will be deported for many reasons. The biggest reason is because they know who you are. If your undocumented they don't know who you are.

If you going to be illegal, it's a million times better to be undocumented.

Remember "no good deed ever goes unpunished."

Rayban_11366:

Sorry about your application being denied, as well as yur appeal being dismissed. I suppose that the affidavits you submitted were not notarized. Otherwise, the USCIS should have accepted them, according to the settlement.
I don't think you risk being deported, but, like Unique says, you never know with the USCIS. Unfortunately, you cannot renew your work permit once your application is denied and the appeal is upheld/dismissed.

The approval of the Class Membership Worksheet means nothing at this stage, since it was meant to be the basis for the rejection or further processing of I-687 application. Good luck.

i would advice you call law office of Allan Bell at 816 421 1430. ask for Allan

Bannister,
Pls. can you give little more detail about this lawyer. Is he taking care of the refusals/appeal denial cases. Is there any hope. Any exp. with this lawyer. It's been so long now, that these class members have become a joke, now. All members have already spent so much money in trying to adjust the status, filing life act, I-687 application, renewing work permit for last 17/18 years. Not only money but half of their lives too. And we are still standing at the same starting point where we started or maybe WORSE now. So, all these class members are really looking for any dim light which can be helpful to them. As one of our member mentioned (hard rock) spk. to Peter and he is getting ready to file some suit against USCIS, as application dealt against settlement agreement, nothing seems to be happening. Now people already settled here, losing their work permits, driving privilage and all. Some say these members are not deportable, BUT then you don't know wht USCIS can do. And if these members cannot support themselves, how they are going to live in here especially at this time of the economy. It's really becoming frustrating.

He is an experienced lawyer. He used to work for them and well verse in BIA rulings on the case. Give him a call and mention my name shina

Pearl,

You bring up many great points.

Here's a few more.

I have to say that the CSS/Newman settlement is quite pathetic. Peter Schey did not negotiate a very good deal for the denied. He was thinking only of the approved.

Yes, it looked good on paper. Sure a few people were legalized, but most got denied. The trouble with the settlement for most applicants, is if more evidence is required (in most cases) it's impossible to provide because it's from 26 years ago. Who kept those papers? Who knew that they should have kept them?

I think Mr. Schey never anticipated the resentment the USCIS would hold against the applicants. The denied are left cold, their work permits revoked, and drivers licensees un-renewable.

The good news is you aren't supposed to be deported? I don't know if that's in fact good news? You could wind up staying, living in fear of arrest, and turning to a life of crime. Remember it is criminal to work illegally. How else can you survive??

They are forcing us to become criminals.

The denied might be better off going back to their native Country? Or maybe just after they leave, new legislation will pass that would have permitted them to stay?

In the mean time we age, time passes, our parents die and we cannot attend their funeral. I myself have nieces that are 21 and 23 that I've never met.

After fighting for legalization for 25 years, having built a life in America. It's tough to just get on a plane and leave. Especially since none of us have been told to leave.

I think the USCIS should order all of the denied out of the USA, as it is a more humane thing to do, than what they are doing now.

I am on the same situation and still hoping to get my papers.we got married in 1997 sept. under clintons act for illigal immigrant, pay $1000 fine. passed interview but ask to do 601 waiver,it was denied, did an appeal and denied again, we applied in chicago but the denied letter came from washington, did fingerprinting 2x, thinking that it will be all granted.We were told by my lawyer to just wait for the hearing with an immigration judge, but in order for that to happen, we have to have a deportation letter to apply for a removal proceedings. we are about to celebrate our 11 year anniversary, and have 4 wonderful children and still happily married, but my papers are lost in translation i guess..i can't renew my work permit because of the denial, but they kept the fee anyway when i tried to renew it. i could do much greater deal if i have work permit. now i am self-employed doing draperies and helping my husband from time to time with our growing business of faux finishes and murals.a stay at home mom most of the time.i have cleaned toilets too for a living. is there really a way of finding out what happen or do we wait til eternity.members of my family back home had died, grandma and grandpa who raised me, aunts and uncles, and a 6 year old nephew who died of leukemia.any insights will be appreciated. thank you very much for your time.

If someone can answer my question,I will really appreciate.I know a person who is trying to petition under 245I(He grandfathered from April 2001) and send a new labor application
for EB3 category with a new Sponsor.Only thing is he had a I 687 application pending in the recent past, which was later denied due to lack evidence about his presence in USA during that time.He had only affidavits.
Will his new application have any effect in his new endeavor.Thanks a lot for your reply in advance

If someone can answer my question,I will really appreciate.I know a person who is trying to petition under 245I(He grandfathered from April 2001) and send a new labor application
for EB3 category with a new Sponsor.Only thing is he had a I 687 application pending in the recent past, which was later denied due to lack evidence about his presence in USA during that time.He had only affidavits.
Will his new application have any effect from the early denial.Thanks a lot for your reply in advance

You mean will the old (denied) application have any effect on the outcome of one pending now?
Assuming that any past application and decision are part of the records that must be routinely accessed during adjudiciation of any new case, one could say that if there is anything in past that makes applicant statutorily ineligible for the benefit he/she is requesting at present then it will have direct effect on the outcome of the adjudication.

This is not a legal advise. Immigration law is very complex ,it requires all the evidence related to the case on top of professional, licensed immigration law practicioner in order to answer your question accurately.