My CSS/LULAC has been denied and it says that it cannot be appealed. Is there any way that I can resubmit the application and will I be deported? What can I file under now to get a work permit/road to citzenship? Thanks
Originally posted by Swades: My CSS/LULAC has been denied and it says that it cannot be appealed. Is there any way that I can resubmit the application and will I be deported? What can I file under now to get a work permit/road to citzenship? Thanks
If you're 100% certain that you're a class member and you deem that the law has been misapplied in your case, you may file a motion (for reconsideration / to reopen) to the Commissioner adding new evidence or documentation in support of your claim of coverage. But in my opinion, your chance is too little to nil.
No, you cannot refile because the application opportunity has already sunset on December 31, 2005. And, no, you may not be deported after the denial. Removal is not provided for in the 2004 ruling for late filers even if applications are denied. But of course nobody is in the position to give you absolute guarantees, including me. A host of variables are out there especially for someone like you who doesn't have a valid immigration status.
Once again, any other alternative option available for you as of now is nothing much to nil. A US business may file for PERM on your behalf but it wouldn't give you an immediate immigration benefit (no work permit / no path to citizenship) so much so if you're not covered by Section 245(i).
Consult with an immigration lawyer.
(Just an opinion - take it or leave it).
___________________________________________________________________ "The letter of the law is a sword that killeth; its intent is a spirit that giveth life."
To Swades, to help you in your case please answer the following question:-
Did they deny your I-687 css/lulac late amnesty application or Life Act I-485 application? What is the reason they deny your application? Did you go for interview? What happened? Which city do you live in?
Are you css or lulac? Also what kind of document you have to prove your presence from 81-1988?
Originally posted by Swades: My CSS/LULAC has been denied and it says that it cannot be appealed. Is there any way that I can resubmit the application and will I be deported? What can I file under now to get a work permit/road to citzenship? Thanks
Why, can you not appeal?
From what I understand all applicants have the right to appeal an unfavorable decision, unless fraud is involved. If you have committed fraud then you can, and most likely will be deported.
The only thing un-American about America, is the USCIS.
You may wish to consult CSS/LULAC center (I did come up with quite a few websites that tell you what the process is and how to proceed in case of denial - just google and you will find).
Originally posted by Loue: To Swades, to help you in your case please answer the following question:-
Did they deny your I-687 css/lulac late amnesty application or Life Act I-485 application? What is the reason they deny your application? Did you go for interview? What happened? Which city do you live in?
Are you css or lulac? Also what kind of document you have to prove your presence from 81-1988?
1. They denied my LULAC 2. They do not give me a reason in the denial letter. 3. I went for an interview and had a lot of paperworl proof that I was present in the US since 1983. The only paper work that I didn't have was my I-94. When I told the interviewer that I lost my I-94, he immediately ended the interview.
Originally posted by Swades: My CSS/LULAC has been denied and it says that it cannot be appealed. Is there any way that I can resubmit the application and will I be deported? What can I file under now to get a work permit/road to citzenship? Thanks
If you're 100% certain that you're a class member and you deem that the law has been misapplied in your case, you may file a motion (for reconsideration / to reopen) to the Commissioner adding new evidence or documentation in support of your claim of coverage. But in my opinion, your chance is too little to nil.
No, you cannot refile because the application opportunity has already sunset on December 31, 2005. And, no, you may not be deported after the denial. Removal is not provided for in the 2004 ruling for late filers even if applications are denied. But of course nobody is in the position to give you absolute guarantees, including me. A host of variables are out there especially for someone like you who doesn't have a valid immigration status.
Once again, any other alternative option available for you as of now is nothing much to nil. A US business may file for PERM on your behalf but it wouldn't give you an immediate immigration benefit (no work permit / no path to citizenship) so much so if you're not covered by Section 245(i).
Consult with an immigration lawyer.
(Just an opinion - take it or leave it).
All I really want is a work authorization. Here's what the denial letter stated: "A search of our records indicates that you do not have another CSS/Newman (LULAC) I-687 pending. Therefore, you are ineligible for work authorization and your application for employment, filed under Title 8, Code of Federal Regulations, Part 274a.12 (c)(22), is denied. There is no appeal to this decision."
From what I understand all applicants have the right to appeal an unfavorable decision, unless fraud is involved. If you have committed fraud then you can, and most likely will be deported.
I do not know, I had all the proof )electric bills, letters from my homecountry, from employers...) that I was present in the country since 1983. During my interview, I could not give them my I94 because I lost it. They ended the interview immediately and kept all my paper works and proof.
From what I understand all applicants have the right to appeal an unfavorable decision, unless fraud is involved. If you have committed fraud then you can, and most likely will be deported.
I do not know, I had all the proof )electric bills, letters from my homecountry, from employers...) that I was present in the country since 1983. During my interview, I could not give them my I94 because I lost it. They ended the interview immediately and kept all my paper works and proof.
You keep saying you have proof from 1983...problem is...DID you proof that you came into the country BEFORE 01/01/1982??? Even without a 1-94, you should proof that you came in before 1982 and not from 1983.
Do you have anything to proof that you were here from BEFORE 01/01/1982??? Otherwise its an automatic DENIAL.
I would get an attorney (one who knows CSS and LULAC) immediately. Call Center for Human Rights and talk to them.
From what I understand all applicants have the right to appeal an unfavorable decision, unless fraud is involved. If you have committed fraud then you can, and most likely will be deported.
I do not know, I had all the proof )electric bills, letters from my homecountry, from employers...) that I was present in the country since 1983. During my interview, I could not give them my I94 because I lost it. They ended the interview immediately and kept all my paper works and proof.
You keep saying you have proof from 1983...problem is...DID you proof that you came into the country BEFORE 01/01/1982??? Even without a 1-94, you should proof that you came in before 1982 and not from 1983.
Do you have anything to proof that you were here from BEFORE 01/01/1982??? Otherwise its an automatic DENIAL.
I would get an attorney (one who knows CSS and LULAC) immediately. Call Center for Human Rights and talk to them.
Did you file under LIFE ACT also??
No, I did not file under LIFE ACT. Is it too late for me to file? I do have proof that shows my stay in 1982, but I'm not sure if it is before 01/01/82. Is this a major problem? Also, what should I tell the Center for Human Rights? I am out of status, can I still talk them? Thanks
If you did not enter the U.S before Jan 01 1982, you are not eligable for css/lulac and don't waste your money and time. If you came before that date and you can prove it, then you have a good case.
Exactly...if you ENTERED INTO THE US BEFORE 01/01/1982 and can PROOF that....then you have a case. If not....you may be liable to be deported now that you exposed yourself.
Only you know the truth here---DID YOU ENTER BEFORE OR AFTER 01/01/1982????
If YES...get an attorney and fight your case. If NO.... better be careful....
Not that I am trying to be Columbus here, but there is yet another alternative for those denied LULAC/CSS and feeling lost: it's called self-deportation.
Well...I have been here before 1982 and I do have proof. I thought that LULAC/CSS was for people 1983+, so that's why I said that in my initial statement. I own land and a business in the US since 1990 and still do. Will this benefit me for my case? Also, can I file for LIFE or is the time frame for that already up?
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