ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

Page 1 of 3 123 LastLast
Results 1 to 10 of 22

Thread: I-687 (css/lulac)

  1. #1
    Today I received a letter from USCIS telling me of their decision to deny my application for status as a temporary resident I-687 (css/lulac) pursuant to certain settlement agreement. Their reason for denial is because I went to school and as they claim my evidence like stamped envelop from 1981-88 is unverifiable and the affidavit I gave them (there is no evidence in the file to support this claim) does anybody knows what that means?

    Thanks to all.

  2. #2
    Today I received a letter from USCIS telling me of their decision to deny my application for status as a temporary resident I-687 (css/lulac) pursuant to certain settlement agreement. Their reason for denial is because I went to school and as they claim my evidence like stamped envelop from 1981-88 is unverifiable and the affidavit I gave them (there is no evidence in the file to support this claim) does anybody knows what that means?

    Thanks to all.

  3. #3
    are you going to apeal?They are going to deny 95%
    sa

  4. #4
    Read the info below. it will help you if you need to appeal.


    CENTER FOR HUMAN RIGHTS AND CONSTITUTIONAL LAW
    Foundation
    256 S. OCCIDENTAL BOULEVARD
    LOS ANGELES, CA 90057
    Telephone: (213) 388-8693 Facsimile: (213) 386-9484
    January 25, 2007

    SPECIAL MASTER APPEALS UNDER THE CSS AND NEWMAN SETTLEMENTS:
    ANSWERS TO FREQUENTLY ASKED QUESTIONS

    What decisions and issues may a CSS or Newman Special Master review?
    Under the CSS and Newman settlements, special masters"”persons responsible to the federal courts, and not Citizenship & Immigration Services"”are authorized to review a variety of issues relating to your rights under the settlements. Special masters may review the following issues, among others:
    "¢ CIS decisions that you are not a CSS or Newman class member.
    "¢ CIS's failing to give you 30 days to submit additional evidence or information before denying your application for class membership.
    "¢ CIS decisions that you are not eligible to file under the settlements because you no longer reside in the United States.
    "¢ CIS's failing to refund I-687 filing fees of persons determined not to be class members.
    "¢ CIS's charging you the wrong I-687 filing fee.
    "¢ CIS refusals to accept your application because it wrongly decided you did not postmark your application and class member worksheet by the December 31, 2005, deadline.
    "¢ CIS refusals to accept your application because you combined the I-687 filing fee and biometrics or I-765 fees into one check.
    "¢ CIS delaying more than nine months in deciding your legalization application.
    "¢ CIS's attempting to detain or remove your from the United States while your application for legalization is being adjudicated.

    What is the procedure and fee for appealing to the CSS or Newman Special Master?
    It you want to appeal from a CIS decisions that you are not a CSS or Newman class member, you must file your appeal to the special master within 30 days from the date the CIS mailed you the decision. The filing fee for appealing decisions that you are not a class member is $62.50, unless you were denied class membership on criminal or security-related grounds, in which case the filing fee for an appeal is $125.00. We apologize for the mistaken amount of $65.00 stated on the Appeal Form. For reimbursement of $2.50, please send a letter to the address provided above.
    If you wish to appeal any other type of issue to the special master, you must first send a letter to the CIS via certified mail, return receipt requested, advising that you intend to appeal to the special master and explaining why you wish to appeal. Address the letter as follows:
    Robert R. Raymond
    Assistant General Counsel
    Office of the General Counsel
    United States Citizenship and Immigration Services
    425 I Street NW Washington, D.C. 20536
    You should also send a copy of your letter to the Center at the address provided in the letterhead above.
    If the CIS does not respond to your letter within 50 days, then you may file an appeal to the special master. Although there is no deadline for sending a pre-appeal letter to the CIS, you must file your appeal to the special master no later than 80 days after you send your letter telling the CIS you intend to appeal to the special master regardless of whether you receive any response from the CIS. The filing fee for appealing these decisions"”i.e., all decisions except denials of class membership"”is $62.50.
    In either case, send the completed appeal form and fee via certified mail to CSS/Newman Special Master, c/o Center for Human Rights & Constitutional Law, 256 S. Occidental Blvd., Los Angeles, CA 90057.
    Send copies of your appeal form to (1) to Anthony Norwood at the Office of Immigration Litigation, 1331 Pennsylvania Ave., NW, Rm. 8020N, Washington, DC 20004, and (2) Robert R. Raymond, Assistant General Counsel Office of the General Counsel Bureau of Citizenship and Immigration Services 425 I Street NW Washington, D.C. 20536.
    Should I appeal a CIS decision finding me ineligible for amnesty (legalization) to the CSS or Newman Special Masters?
    Generally, no. If the CIS accepted and adjudicated your legalization application, but concluded that you are ineligible for legalization"”e.g., because you lacked sufficient proof of having lived in the United States continuously from before 1982 until the time you attempted to apply for legalization during the original application period (May 1987-May 1988)"”then you should not appeal to the special master. Instead, you should appeal to the CIS's Administrative Appeals Office.
    How long will it take for the CSS-Newman Special Master to decide my appeal?
    We estimate that the special masters will begin deciding appeals by mid-November 2006. Appeals should be decided in the order they were received. Unless your appeal involves complex issues, we estimate the special masters should be able to decide it within six months.
    How do I appeal a denial of my I-687 to the Administrative Appeals Office?
    Generally, this is done by filling out and filing a CIS Form I-694, in triplicate. You must file your appeal to the Administrative Appeals Office within 30 days from the date the CIS mailed you its decision. You may download the appeal form and instructions on how to fill it out and file it from the following web site:
    http://www.uscis.gov/files/form/i-694.pdf
    How long will it take for Administrative Appeals Office to decide my appeal?
    This varies widely depending on whether your appeal presents issues beyond the sufficiency of the evidence you submitted with your legalization application. In our experience, the AAU generally requires at least nine months to decide a simple appeal, but we are aware of more involved appeals that have been pending before the AAU for over 18 months and have still not been decided.
    What if the CIS denied class membership because I did not submit sufficient proof of residence?
    In some cases, the CIS has "denied class membership"¯ because it thinks the applicant did not submit sufficient proof of residence. If this happened to you, to be safe we recommend that you appeal both to the special master and the Administrative Appeals Office, though technically, you probably need only appeal to the special master.
    What if the CIS denied my I-687 because I did not have enough proof of residence, but told me to appeal to the CSS-Newman Special Masters?
    The CIS has also erroneously told class members to appeal to the CSS-Newman special masters when it denied legalization applications on the merits: e.g., because it did not think the applicant provided sufficient proof of having lived in the United States from before January 1, 1982, to the 1987-88 amnesty application year. As explained above, it should have told applicants to appeal denials of this sort to the Administrative Appeals Office.
    If this happened to you, then you should appeal to the Administrative Appeals Office now. If more than 30 days have passed since the CIS mailed you its decision, include with your appeal a copy of the denial notice you received from the CIS telling you to appeal to the CSS-Newman special masters and ask the Administrative Appeals Office to accept your appeal even though more than 30 days from the date the CIS mailed you its decision because of the erroneous advice your received. Be sure to send the Center a copy of your appeal and any response you receive from the Administrative Appeals Office.
    What do I do if the CIS denied my application as "abandoned"¯ because I did not timely respond the a Notice of Intent to Deny (NOID) or Request for Evidence (RFE)?
    The CIS has also denied an unknown number legalization applications on the grounds that the applicant "abandoned"¯ the application because he or she failed to respond to a NOID or RFE (and even sometimes when the applicant did respond to the NOID or RFE, but the CIS lost or falsely says it never received the response). If this happened to you, you may appeal the decision to the CSS-Newman special master.
    The CSS and Newman settlements provide that the CIS must process legalization applications filed by class members in accordance with the procedures the INS used during the 1987-88 application year. The regulation the CIS has been applying to deny legalization applications as abandoned, 8 C.F.R. § 103.5 did not exist in 1987-88, but was only added in 1994. Therefore, we believe that applying the current regulation to deny class members a decision on their applications is a violation of the settlements that may be correct by the special masters.
    You may also file a motion to reopen your application with the CIS. This is done by filling out and filing a Form I-290B. You may download the appeal form and instructions on how to fill it out and file it from the following web site:
    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
    You must be file your motion to reopen within 30 days of the CIS's decision advising you that your application had been denied as abandoned.
    Where can I find a lawyer to help me with my appeal?
    A list of lawyers and community-based organizations that have attended the Center's "late amnesty"¯ training is available from our web page, http://www.legalizationusa.org. We regret we are unable to represent class members individually, but the Center does plan to bring many of the issues discussed in the FAQ to the attention of the CSS and Newman federal courts by way of motions seeking class-wide relief. Your keeping us informed of developments in your case will help us decide what issues to present to the federal court.
    Should I appeal at all if I was born or arrived in the United States after January 1, 1982?
    Please appreciate that there is no point in appealing to either the special master or the Administrative Appeals Office unless you meet the basic eligibility requirement for legalization under the 1986 amnesty law:
    You must have entered the United States before January 1, 1982, and lived here continuously (brief departures are okay) until the day you attempted to apply for legalization during the May 1987-May 1988 application year.
    If you arrived here after January 1, 1982, or were born after that date, then there is no point in appealing at all. If you have already filed an appeal to the special master, but you are now sure you do not meet this basic eligibility requirement for legalization, you may wish to withdraw your appeal by signing below and mailing or faxing this page to us. We will refund your filing fee provided the special master has not already been assigned to decide your appeal.
    If you are at all unsure about what you should do, you should consult with an attorney before deciding whether to withdraw your appeal.

    I wish to withdraw my appeal to the CSS-Newman Special Master. Please refund my fee.
    Yo quiero retirar mi apelaciĆ³n con el Amo Especial CSS-Newman. Por favor regrĆ©seme el pago de la apelaciĆ³n.
    Print name: CIS File No.: A__________
    Signed: Date:

  5. #5
    All appeals for that matter have very low rate of success, just as they're ranked lowest among the USCIS's hierarchy of priorities. But that's a close call as to whether you want to take the chance (though slim and not cheap), or just let the very short window of opportunity slip away and gone for good. Yeah, I know, it's tough.

  6. #6
    Sorry to hear about you Depika, but I believe thts wht they are going to decide for the remaining pending applications, otherwise they would have approved it long time ago. Now, the question is wht is in the fate of all these denials/withdrawals. No one seems to answer tht. Everyone is just guessing. No one has ever come forward to inform if they have rec'd any thing from USCIS after they withdrew their application, were they able to renew the EAD. And same w/denials. Really dont know where we all stand now. After decade and decade of waiting. So many well settled here and proven to be living a good and decent lives.

  7. #7
    Thank to all response. Does anybody knows what the USCIS should accept as evidence from css/lulac class member or what the court says about what kind of evidence documents acceptable. I gave them affidavit singed and notarized and I attached a copy of the signer ID but the USCIS says (there is no evidence in the file to support this claim) does anybody knows what that means?

    Also what is the situation of going the school does that make the applicant ineligible even though he was in illegal status before going to school and was working without persimmon while he in the school?

    Also I gave them a lot of stamped envelopes sent to me from back home from 1981-88 and the USCIS says it's unverifiable, which is not true.
    If any class member went through this, please give me your feedback on how I can appeal these non-sense claims from USCIS. Thanks to all.

  8. #8
    Depika,

    U need to appeal to AAO within 30 days of your denial lettet.Don't miss that.

  9. #9
    Did you go through a lawyer?

    You need to prepare your case with the utmost attention to detail, clarity, and making sure your facts can be corroborated by what you are presenting.

    The officer will scrutinize each and every document of evidence you submit.

  10. #10
    Does anybody know where the address we should send our appeal I-694 to?
    Thanks

Similar Threads

  1. 1-687/lulac/ css
    By class999 in forum Immigration Discussion
    Replies: 22
    Last Post: 08-21-2006, 09:54 AM
  2. I-687(CSS/LULAC)
    By taxreg16 in forum Immigration Discussion
    Replies: 8
    Last Post: 01-05-2006, 09:07 AM
  3. APPLICATION I-687 UNDER LULAC/CSS
    By tzachii in forum Immigration Discussion
    Replies: 5
    Last Post: 12-20-2005, 07:13 AM
  4. I-687 CSS/LULAC
    By Pham1 in forum Immigration Discussion
    Replies: 6
    Last Post: 05-19-2005, 01:47 PM
  5. I-687 CSS/LULAC Question
    By Pattal in forum Immigration Discussion
    Replies: 2
    Last Post: 04-04-2005, 09:08 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: