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Results 1 to 7 of 7

Thread: CSS/LULAC/Newman applications declared abandoned or rejected

  1. #1
    Junior Member
    Join Date
    Apr 2009
    Location
    Los Angeles, California
    Posts
    3
    On May 18, 2010, the United States District Court ordered United States Citizen and Immigration Services (CIS) to take the following remedial action in favor of class members whose applications CIS declared abandoned or rejected because the class member now resides abroad.

    Although the order technically applies only to CSS class members, CIS has indicated it will apply these procedures to LULAC/Newman class members as well.

    CIS may appeal the order, but an appeal is unlikely.

    • Benefits for class members whose applications CIS declared abandoned.

    On December 14, 2009, the Court ruled that CIS may not apply its abandonment regulation, 8 C.F.R. § 103.2(b)(13), in adjudicating legalization applications filed by CSS class members. The Court did not, however, decide what CIS must do instead of applying § 103.2(b)(13), or what it must do to restore the rights of class members whose legalization applications the agency unlawfully declared abandoned prior to the Court’s order.

    In its May 18th order the Court resolved these questions and ordered CIS to take the following steps with respect to class members whose legalization applications CIS unlawfully declared abandoned:

    1) CIS must identify all class members whose applications were declared abandoned pursuant to 8 C.F.R. § 103.2(b)(13). The agency must make all reasonable efforts to finish the identification process within 180 days, or by November 15, 2010.

    2) CIS will issue amended decisions in all abandonment cases. The amended decision will rule on the merits of the applicant’s eligibility for legalization, rather than solely on whether the applicant timely responded to a notice of intent to deny or request for additional evidence, etc. The decision will also advise applicants of their right to appeal adverse decisions to the Administrative Appeals Office (AAO).

    3) Class members who wish to appeal to the AAO will have 90 days from the date the amended decision is mailed to file their administrative appeals.

    4) CIS must “where possible,” either refund filing fees class members paid to file motions to reopen CIS decisions declaring their legalization applications abandoned, or credit those filing fees toward the cost of their appeals to the AAO, at the class members’ option.

    5) The AAO must review appeals filed by class members whose applications CIS declared abandoned “on the merits”: that is, the AAO may not deny or dismiss an appeal on the grounds that the class member failed to respond timely to a notice of intent to deny or request for additional evidence, appear for interview on his or her legalization application.

    • Benefits for class members whose applications CIS rejected or denied because they now live abroad (“foreign filers”).

    In its December 14, 2009, order, the Court ruled that CIS violated the settlement in failing to advise foreign filers that they could seek review before the CSS/Newman special masters of the agency’s having rejected their legalization applications and class membership worksheets because they no longer live in the United States.

    The Court ordered CIS to submit an affidavit describing what steps it would take to advise rejected foreign filers of their right to appeal the special masters.

    In its May 18th order, the Court requires CIS to take the following additional steps in favor of foreign filers:

    1) By August 16, 2010, CIS must send rejected foreign filers an invitation to re-submit their Form I-687 legalization applications, class membership worksheets, and supporting documentation. Rejected foreign filers will have six months from the date CIS mails the invitation to re-submit their applications to CIS.

    2) CIS must accept re-submitted applications and worksheets from rejected foreign filers with the 2004-05 filing fee of $240.00, rather than the current $710.00 filing fee.

    3) CIS must arrange to conduct biometrics and interviews of foreign filers at U.S. consulates abroad.

    4) CIS must, within 180 days—November 15, 2010—re-open without fee the legalization applications of foreign filers whose applications CIS did not reject. CIS will send such applicants a Form I-797 Reopening Notice.

    5) CIS must adjudicate both rejected and accepted foreign filers’ legalization applications and class member worksheets on their merits. Where the agency denies a foreign filer’s class membership worksheet or legalization application, it must advise him or her of the right of appeal to the CSS/Newman special masters or the AAO, as appropriate.

    * * * * * * * *

    Questions regarding the Court’s order or CIS’s compliance with the order may be directed to crholguin@centerforhumanrights.org.

  2. #2
    Junior Member
    Join Date
    Apr 2009
    Location
    Los Angeles, California
    Posts
    3
    On May 18, 2010, the United States District Court ordered United States Citizen and Immigration Services (CIS) to take the following remedial action in favor of class members whose applications CIS declared abandoned or rejected because the class member now resides abroad.

    Although the order technically applies only to CSS class members, CIS has indicated it will apply these procedures to LULAC/Newman class members as well.

    CIS may appeal the order, but an appeal is unlikely.

    • Benefits for class members whose applications CIS declared abandoned.

    On December 14, 2009, the Court ruled that CIS may not apply its abandonment regulation, 8 C.F.R. § 103.2(b)(13), in adjudicating legalization applications filed by CSS class members. The Court did not, however, decide what CIS must do instead of applying § 103.2(b)(13), or what it must do to restore the rights of class members whose legalization applications the agency unlawfully declared abandoned prior to the Court’s order.

    In its May 18th order the Court resolved these questions and ordered CIS to take the following steps with respect to class members whose legalization applications CIS unlawfully declared abandoned:

    1) CIS must identify all class members whose applications were declared abandoned pursuant to 8 C.F.R. § 103.2(b)(13). The agency must make all reasonable efforts to finish the identification process within 180 days, or by November 15, 2010.

    2) CIS will issue amended decisions in all abandonment cases. The amended decision will rule on the merits of the applicant’s eligibility for legalization, rather than solely on whether the applicant timely responded to a notice of intent to deny or request for additional evidence, etc. The decision will also advise applicants of their right to appeal adverse decisions to the Administrative Appeals Office (AAO).

    3) Class members who wish to appeal to the AAO will have 90 days from the date the amended decision is mailed to file their administrative appeals.

    4) CIS must “where possible,” either refund filing fees class members paid to file motions to reopen CIS decisions declaring their legalization applications abandoned, or credit those filing fees toward the cost of their appeals to the AAO, at the class members’ option.

    5) The AAO must review appeals filed by class members whose applications CIS declared abandoned “on the merits”: that is, the AAO may not deny or dismiss an appeal on the grounds that the class member failed to respond timely to a notice of intent to deny or request for additional evidence, appear for interview on his or her legalization application.

    • Benefits for class members whose applications CIS rejected or denied because they now live abroad (“foreign filers”).

    In its December 14, 2009, order, the Court ruled that CIS violated the settlement in failing to advise foreign filers that they could seek review before the CSS/Newman special masters of the agency’s having rejected their legalization applications and class membership worksheets because they no longer live in the United States.

    The Court ordered CIS to submit an affidavit describing what steps it would take to advise rejected foreign filers of their right to appeal the special masters.

    In its May 18th order, the Court requires CIS to take the following additional steps in favor of foreign filers:

    1) By August 16, 2010, CIS must send rejected foreign filers an invitation to re-submit their Form I-687 legalization applications, class membership worksheets, and supporting documentation. Rejected foreign filers will have six months from the date CIS mails the invitation to re-submit their applications to CIS.

    2) CIS must accept re-submitted applications and worksheets from rejected foreign filers with the 2004-05 filing fee of $240.00, rather than the current $710.00 filing fee.

    3) CIS must arrange to conduct biometrics and interviews of foreign filers at U.S. consulates abroad.

    4) CIS must, within 180 days—November 15, 2010—re-open without fee the legalization applications of foreign filers whose applications CIS did not reject. CIS will send such applicants a Form I-797 Reopening Notice.

    5) CIS must adjudicate both rejected and accepted foreign filers’ legalization applications and class member worksheets on their merits. Where the agency denies a foreign filer’s class membership worksheet or legalization application, it must advise him or her of the right of appeal to the CSS/Newman special masters or the AAO, as appropriate.

    * * * * * * * *

    Questions regarding the Court’s order or CIS’s compliance with the order may be directed to crholguin@centerforhumanrights.org.

  3. #3
    What about the existing one who residing in usa thier applications already denied by the AAO...what they will do now...???

  4. #4
    I'm sure Unique will have a view on this development.
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

  5. #5
    Looks like a lot of LULAC members will be granted LPR status postumously.

    Then 20 or 50 years later there will be built a granite memorial where future generations will come to commemorate those LULAC members, some of whom will have died aged 90+ but still illegal.

    Some day perhaps a Mexican American will be elected a President and speak of generations past when looking Latino could have ended one behind bars in Arizona. And how much progress has been achieved since then.

    One has to wonder who will be next ?
    http://www.anbsoft.com/images/usflag_med.jpg

    "...I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should 'make no law respecting an establishment of religion, or prohibit

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I'm sure Unique will have a view on this development. </div></BLOCKQUOTE>

    Sorry Brit, I actually don’t.

  7. #7
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Sorry Brit, I actually don’t. </div></BLOCKQUOTE>

    Aww go on! I'm disappointed now
    "What you see in the photograph isn't what you saw at the time. The real skill of photography is organized visual lying."

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