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lulac/Css Withdrawals/Refusals

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  • lulac/Css Withdrawals/Refusals

    Just need to ask people who withdrew their I-687 applications or have been refused by USCIS or Appeals denied, where do they stand now after 17/18 years of awaiting for their adjustments. Did anyone has come after them as uscis has all their info. abt whereabts n all. Whts the next step. Can they qualify for U VISA, as have been abused by the system here, took them more then 3 decade to decide their fates totally against their approved settlement. Pls. advise which can help anyone's situation. Wht other alternatives are to be considered.

  • #2
    Just need to ask people who withdrew their I-687 applications or have been refused by USCIS or Appeals denied, where do they stand now after 17/18 years of awaiting for their adjustments. Did anyone has come after them as uscis has all their info. abt whereabts n all. Whts the next step. Can they qualify for U VISA, as have been abused by the system here, took them more then 3 decade to decide their fates totally against their approved settlement. Pls. advise which can help anyone's situation. Wht other alternatives are to be considered.


    • #3
      After receiving an unfavorable I-687 decision with an appeal form I-694. I proceeded to file my I-694 appeal in a timely manor with the appropriate fee received by USCIS well within the allotted 30 day time frame.

      My appeal was returned "Rejected" with the original postmark cut out and returned to me (Grand-fathering in the original date of receipt). The appeal was rejected due to (the said) absents of my family name on application.

      My family name was clearly printed on the appeal. The rejection instructed me to correct the error and return the appeal. Since no correction was necessary, I returned the appeal as instructed and received a new case number and receipt for the accepted I-694 application, and correct fees paid.

      A letter was then sent to me from the Director of NBC. Stating that the I-694 appeal was not filed within the 30 day afforded time frame, therefore it is ordered that your appeal is hereby rejected and I-687 denial upheld.

      Does anyone have any idea as to what to do about this?


      • #4
        my I-687css denied and applied and they dismiss my case and send back to local office and they will decide within two month.I donot know what to do?


        • #5
          Sorry to read ur post, but I believe USCIS is taking every chance possible to either deny or reject these cases. Now, the question is wht's next. I dont think anyone who is not approved yet are going to get anything, its just the matter of time, sooner or later they'll receive their decisions. I just want to know, wht happened with these cases who withdrew/got denied their cases last year and wht other alternatives do we have to proceed. Did they get any letter from uscis about the removal proceedings/deportation. Were they able to renew their EAD. Pls. advise


          • #6
            My I-687 was denied and my appeal was dismiss and send back to local office.And they will decide within two month.


            • #7
              Anyone who was denied, rejected, or withdrawn take heed.

              THE Department of Homeland Security (DHS) is moving forward in its efforts to increase the detention and removal of individuals that are not lawfully residing in the US.

              The Citizenship and Immigration Service (CIS) and Immigration and Customs Enforcement (ICE), both of which are units within the DHS, are now implementing a Memorandum of Agreement (MOA) entered into between the agencies last June 2006 that set forth the parameters regarding the initiation of removal proceedings. The MOA became effective on October 1, 2006, and the agencies are steadily moving forward with the execution of their plan to place many more individuals before an Immigration Judge for removal proceedings.

              Removal proceedings are commenced through the issuance of a document known as the "Notice to Appear" (NTA). The NTA sets forth the facts as to why an individual should be removed from the US. While both the CIS and ICE have authority to issue the NTA, the CIS acknowledges that the "primary role with respect to removal priorities and administration is ICE's." As such, the CIS has traditionally not issued an NTA when denying applications; rather, the CIS denial notice simply advises the applicant that they must depart the US.

              Under the MOA, the CIS has changed this policy of simply denying cases without instituting removal proceedings. Now, the CIS, which includes both the Service Centers and the District Offices, are moving forward with its plan to initiate removal proceedings against all those whose applications for permanent residency are denied.

              For applications filed and processed at one of the Service Centers, which most often involve employment-based applications, it has been reported that the CIS is issuing NTAs to applicants when their adjustment of status to permanent resident application is denied. This is the case even when the application does not involve any special circumstances, such as a criminal conviction or fraud.

              For applications filed and/or transferred to one of the District Offices, the CIS District Director, Jane Arellano, stated the following in an interview recently: "A new guideline has been issued regarding issuance of NTAs. All denied adjustment cases will be issued NTAs and the denial with NTAs are served on aliens simultaneously. Guidance refers to issuance of an NTA 10 days after issuance of AOS [adjustment of staus] denial and the NTA must be filed with the court immediately. In cases where an appeal/MTR [motion to reopen] is possible USCIS will not issue the NTA until 33 days have passed. If there is any public safety issue, CIS will turn the case over to ICE to handle." Although implementation of this policy has yet to be seen, it seems as if it is just a matter of time before the CIS does so.

              The aggressive campaign of the CIS to initiate removal proceedings once an application is denied must be taken seriously as the consequences are now quite severe. Individuals must act prudently in assessing any possible risk of denial given the realization that a denial may result in them being placed before a judge who will determine their fate of whether they may stay in the US or be removed. As such, individuals must ensure that they are represented by competent legal counsel who may navigate through the complex immigration maze.


              • #8
                Ok i agree with all ur post, my question is anyone who have been under these cases dealt with this situation yet. I know people have been denied/withdrawal last year, have they being contacted yet by uscis or any other dept. I believe when u apply under amnesty clause, even if you have been refused/denied they will not deport you as that was the protection given to the applicants so they can come forward unless u r involve in any criminal activity. USCIS will not use this application for the deportation proceeding.


                • #9
                  I suggest you all call the Center for Human Rights and let Peter Shey and his team know about all these rejected applications and the reasons why they are rejected.

                  Also, when you file nad or send anything to the USCIS---PLEASE....keep all evidence, send these letters etc via Proof of Delivery with Signature. Spending a few more dollars when you send these could save you a lot of grief down the line.

                  In addition, be prepared to fight your case, Don't give up. Persistence will pay off in the end, after all these LULAC and CSS cases were approved by the courts and then made into law. Don't let a few individuals pushing papers within the USCIS system stop you. Good luck.


                  • #10

                    Your case and my case are special. We are the only ones (that I know of) who have sent their appeals in on time only to have them rejected. You because of not sending the new fee, and me because of a clerical error by the USCIS.

                    Both of us got our "rejected" appeals returned with our original postmarks returned to us. I cannot think of another reason to return the postmark other than grandfathering in the original date of receipt.

                    The big question PEARL, is what do you and I do??? Our cases are different from the others.


                    • #11
                      i agree with 108jam, we shd contact peter schey and let him know the situation. Probably he can put another sue or something. We now cannot assume tht this will happen or that, for this we all have been waiting long time. We need to know wht we need to do. Without knowing, wht happend to previouse refusals/withdrawals we dont know exactly where we stand. Therefore, I request the lulac/Css applicants to post their postings so we can think and work together.


                      • #12
                        I hate to tell you but our buddy Peter Schey is not going to help us. I have spoken with Peter several times, although he is a very nice man he is no longer interested in CSS/Newman cases.

                        Peter did acknowledge that what the USCIS had done to me was quite un-American.

                        The last thing Peter said to me was "your on your own, mate."


                        • #13
                          Well, then i think we have to fight for ourselves. We need to find other ways then to get ourselves out of it. No one knows, how CIS has dealt with previous refusals/withdrawals, we cannot compare these cases with the regular adjustment of status refusals. We need to read more deeply the settlement agreement and see wht happens next. Or if you have any lawyer ask his opinion wht they say. Its just the matter of time until we some comprehensive bill come out and maybe help us.


                          • #14

                            I'm very surprised at you. You and I may be the only 2 people in the world with this exact problem. You posted your problem up a couple of months ago, then you disappeared. I asked many times if you had any news. No answer from you.

                            You must know that what the CIS has done to you is very unfair? Do you? Yet you still seem to be in denial thinking that your not going to be arrested. Ask yourself this, did the CIS do the right thing in the way they rejected your appeal? (in America even a murderer is entitled to an appeal, but not you) Why do you think they will just forget about you and not deport you? I believe that all the rejected will be deported, it's just a matter of time.

                            I know you think because the CSS/Newman/LULAC settlement agreement states the denied will not be deported, that your safe and protected. The agreement also said the all of these cases will be adjudicated within 9 months. None that I know of were. The USCIS breaks all the rules, and with Peter Schey no longer interested they are unchecked and unaccountable. With Peter Schey out of it, who's going to protect us?????


                            • #15
                              I don't know why u got this impression that I am in denial of anything. I really want to know the other options so we can just get rid of our pending/denied status. Thats why I want other applicants to come forward and share their experiences. I didn't respond for 2 months, as I already have sent a letter to CIS via my attorney to reconsider my appeal just to gain some kind of status. But I know for sure this is not the absolute solution. I have tried to reach different attorneys regarding this and they told me we do not have enough options as being out of status. Like u said, i agree its not fare especially with late amnesty cases as we were hanged in the air for the longest time and now after so many years we stand at the same place where we started or maybe worst. I can expect anything from CIS, so thts why I need to know my options. I know and u know very well too from their interviews they conducted that they don't have sympathy for anyone. These politicians talk about humanity and freedom and human rights for all other countries, but internally they cannot differenciate between hard working, honest people and terrorists. They are dealing all with one word. No one can challenge them here how they are treating human beings if do not have the papers, worst then animals. And on top of all this is country of Immigrants. Their own ancestors came here legally or illegally, who knows.