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  • CSS/LULAC Temp. Status denied cases

    Originally posted by crholguin:
    The Center for Human Rights & Constitutional Law serves as class counsel for persons who apply for legalization or “late amnesty” under the CSS and LULAC/Newman settlements.

    The Center is concerned that CIS adjudicators may be violating the CSS and LULAC/Newman settlements in the following ways:

    1) Misapplication of the preponderance of the evidence standard.

    8 C.F.R. § 245a.12(e) requires CIS to adjudicate legalization applications using the familiar “preponderance of the evidence” standard.
    Class counsel have received reports that CIS adjudicators and the Administrative Appeals Office may be misapplying the preponderance of the evidence standard in the following ways:

    • Finding or inventing some weakness in individual items of documentary evidence of unlawful residence and thereupon declaring such evidence wholly lacking in probative weight.

    • Refusing to give declarations any probative weight because the declarant failed to attach documentary evidence of his or her U.S. residence during the period the declarant confirms a legalization applicant’s residence or presence in the U.S.

    • Declaring declarations devoid of probative weight because the declarant failed to provide non-essential details about the applicant’s employment, physical address, or daily activities.

    This list is not exclusive.

    2) Evading regulatory procedures for termination of temporary resident status.

    8 C.F.R. § 245a.2(u) prescribes the procedure CIS must follow to terminate temporary resident status.

    Class counsel have received reports that rather than follow § 245a.2(u), CIS is, without notice, revisiting CSS and Newman class members’ basic eligibility for lawful temporary residence at the time they appear for interview on applications to adjust from temporary to permanent resident status, finding that temporary residence was improvidently granted, rescinding lawful temporary residence, and denying adjustment to permanent residence.

    Lawyers, advocates and class members are encouraged to report examples of these possible violations off-list to Carlos Holguín, General Counsel, crholguin@centerforhumanrights.org.
    Posts: 74 | Registered: 08-26-2010 IP

    Ignored post by italiansrus posted 10-17-2010 12:29 AM Show Post

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    ILW.COM Homepage discuss.ilw.com discuss.ilw.com Immigration Discussion Termination of CSS/LULAC/Newman class members' temporary residence, etc.

  • #2
    Hi Paul and all Members, a couple days ago I saw here at ilw.com homepage under:
    Article: BIA finds DHS counsel`s conduct "Intemperate, disrespectful and unprofessional" by Matthew Kolken, this is what`s been going on with our CCS/LULAC cases as well....something needs to be done about this abuses of discretion from the USCIS/AAO/DHS, they have to much power and they abuse that power, they ridicule info/documents and create determinations without facts to deny most cases, immigration laws were made for immigrants, but yet they like to belittle immigrants, but they are quick to take their money, as a matter of fact, so nobody is confused, they make their living off immigrants, talk about a racket, it`s like the mafia, never mind the millions of dollars in a yearly basis that they make off intending and existing immigrants applying for immigration benefits alone,but also on the funding that they get from the federal government. I would like to know who oversees the USCIS/AAO (kind of like an internal affairs type of entity)....any news folks, GOOD THINGS ARE COMING OUR WAY, I FEEL IT!!!

    Comment


    • #3
      Originally posted by italiansrus:
      Hi Paul and all Members, a couple days ago I saw here at ilw.com homepage under:
      Article: BIA finds DHS counsel`s conduct "Intemperate, disrespectful and unprofessional" by Matthew Kolken, this is what`s been going on with our CCS/LULAC cases as well....something needs to be done about this abuses of discretion from the USCIS/AAO/DHS, they have to much power and they abuse that power, they ridicule info/documents and create determinations without facts to deny most cases, immigration laws were made for immigrants, but yet they like to belittle immigrants, but they are quick to take their money, as a matter of fact, so nobody is confused, they make their living off immigrants, talk about a racket, it`s like the mafia, never mind the millions of dollars in a yearly basis that they make off intending and existing immigrants applying for immigration benefits alone,but also on the funding that they get from the federal government. I would like to know who oversees the USCIS/AAO (kind of like an internal affairs type of entity)....any news folks, GOOD THINGS ARE COMING OUR WAY, I FEEL IT!!!
      D/italianrus;
      Your up beat perspective is admirable and I am sure encouraging to all people in our shoes.
      Our solutions collectively I see only possible through follow up case from Ctr. for Human Rights.Which is basicaly Peter or Carlos. What will make them make a move in some meaningful way mounting a Legal Challenge to the USCIS's approach to qualify or disqualify the applicants so late in the game. Because that is what is for them.
      But these are lives in limbo for decades now which is lost to the system we are dealing with.
      I would venture to say most of these people have proven themselvs to be ideal immigrants in due cource of time.
      But all this has to be presented systamatically and legaly to the right authority by legal representaion of our group.
      If the numbers are sufficiant and Carlos or/and Peter,s reasonable billing be the issue we should present it to them by signing and delivering witten commitment and payments to persue this as soon as possible.

      All the best.

      Comment


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        • #5
          monclerr stop this nonsense!!!

          Comment


          • #6
            Originally posted by paul1:
            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by italiansrus:
            Hi Paul and all Members, a couple days ago I saw here at ilw.com homepage under:
            Article: BIA finds DHS counsel`s conduct "Intemperate, disrespectful and unprofessional" by Matthew Kolken, this is what`s been going on with our CCS/LULAC cases as well....something needs to be done about this abuses of discretion from the USCIS/AAO/DHS, they have to much power and they abuse that power, they ridicule info/documents and create determinations without facts to deny most cases, immigration laws were made for immigrants, but yet they like to belittle immigrants, but they are quick to take their money, as a matter of fact, so nobody is confused, they make their living off immigrants, talk about a racket, it`s like the mafia, never mind the millions of dollars in a yearly basis that they make off intending and existing immigrants applying for immigration benefits alone,but also on the funding that they get from the federal government. I would like to know who oversees the USCIS/AAO (kind of like an internal affairs type of entity)....any news folks, GOOD THINGS ARE COMING OUR WAY, I FEEL IT!!!
            D/italianrus;
            Your up beat perspective is admirable and I am sure encouraging to all people in our shoes.
            Our solutions collectively I see only possible through follow up case from Ctr. for Human Rights.Which is basicaly Peter or Carlos. What will make them make a move in some meaningful way mounting a Legal Challenge to the USCIS's approach to qualify or disqualify the applicants so late in the game. Because that is what is for them.
            But these are lives in limbo for decades now which is lost to the system we are dealing with.
            I would venture to say most of these people have proven themselvs to be ideal immigrants in due cource of time.
            But all this has to be presented systamatically and legaly to the right authority by legal representaion of our group.
            If the numbers are sufficiant and Carlos or/and Peter,s reasonable billing be the issue we should present it to them by signing and delivering witten commitment and payments to persue this as soon as possible.

            All the best. </div></BLOCKQUOTE>

            Carlos,

            Can you give us some update what you,Peter and CFHR are thinking about us. As Paul our life is in LIMBO after almost 30 years...please do something or say something about CSS/LULAC cases...

            Comment


            • #7
              I wish this were surprising news. It seems that the USCIS can basically run wild and do as it pleases. In my opinion, this organization needs a rigid structure of checks and balances - and it needs outside incentives and protections for internal whistle-blowers. Otherwise it will always be the same old stuff, case in point.
              Always interested in the H1-B visa, the Eb-5 Visa Program and other Eb5 Investor Visa related issues.

              Comment



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