Regular Member
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I was reading the proposed settlement of the legalization class action lawsuit that is ongoing in the Washington Western District Court,
Class definition:
All persons who entered the United States prior to January 1, 1982, who are otherwise eligible for legalization under INA §245A, 8 U.S.C. §1255a, and 1) who were deterred from timely filing an application for legalization because of INS's regulations and policies, or 2) who filed a legalization application and a) the application remains pending, or b) the application was denied, or c) the application was granted and then later the applicant was subjected to the termination process, or d) the applicant has otherwise not been approved for permanent resident status, and who:
[1] Violated the terms of their nonimmigrant status prior to January 1, 1982 in a manner known to the government because documentation (including the absence of certain records) existed in one or more government agencies which, taken as a whole, would warrant a finding that the applicant was in an unlawful status prior to January 1, 1982; or [2] Violated the terms of their nonimmigrant visas prior to January 1, 1982 and whose violations were required to be made known to the INS pursuant to then existing regulations, but who are unable pursuant to 8 C.F.R. §245a.1(d) and §245a.2(d) to establish to the satisfaction of the INS for purposes of legalization eligibility that such violations were made known to INS because INS either destroyed such records or failed to store or otherwise record such information in the official Service alien file; or [3] After January 1, 1982 continuously maintained an unlawful residence in the United States and who, after January 1, 1982 applied for and unlawfully received a reinstatement to nonimmigrant status, change of nonimmigrant status pursuant to INA §248, adjustment of status pursuant to INA §245, or some other immigration benefit from INS, or the Department of State.
There is also language in the settlement that Defendent (USCIS) will not deport someone until they disprove a plaintiff's case. I haven't heard deportation language before. And the plaintiff's attorney's seem to be ok with it.
This is indeed troublesome for me at least.
Anyone has any other insight?
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