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Thread: Treatment of denied LIFE Act application

  1. #1
    245a.6 Treatment of denied application under part 245a, Subpart B.
    If the district director finds that an eligible alien as defined at 245a.10 has not established eligibility under section 1104 of the LIFE Act (part 245a, Subpart B), the district director shall consider whether the eligible alien has established eligibility for adjustment to temporary resident status under section 245A of the Act, as in effect before enactment of section 1104 of the LIFE Act (part 245a, Subpart A). In such an adjudication using this Subpart A, the district director will deem the "date of filing the application" to be the date the eligible alien establishes that he or she was "front-desked" or that, though he or she took concrete steps to apply, the front-desking policy was a substantial cause of his or her failure to apply. If the eligible alien has established eligibility for adjustment to temporary resident status, the LIFE Legalization application shall be deemed converted to an application for temporary residence under this Subpart A.

    Anybody went through this???????????

  2. #2
    245a.6 Treatment of denied application under part 245a, Subpart B.
    If the district director finds that an eligible alien as defined at 245a.10 has not established eligibility under section 1104 of the LIFE Act (part 245a, Subpart B), the district director shall consider whether the eligible alien has established eligibility for adjustment to temporary resident status under section 245A of the Act, as in effect before enactment of section 1104 of the LIFE Act (part 245a, Subpart A). In such an adjudication using this Subpart A, the district director will deem the "date of filing the application" to be the date the eligible alien establishes that he or she was "front-desked" or that, though he or she took concrete steps to apply, the front-desking policy was a substantial cause of his or her failure to apply. If the eligible alien has established eligibility for adjustment to temporary resident status, the LIFE Legalization application shall be deemed converted to an application for temporary residence under this Subpart A.

    Anybody went through this???????????

  3. #3
    I have not heard of anyone going through this. I woild like to tie in another question here and get experts opinion.
    If LIFE application as been deined because of misreprisentation/fraud in the material present to prove presence in 1981-1982 and applicant found inadmissible under INA(a)(6)(C)(i). Is the applicant deportable? The applicant's I687 Under CSS setemment is also pending. Does the inadmissibility hold for just LIFE application or once inadmissible, applicant is unable to adjust by CSS setemlent or any other means.

  4. #4
    PA,
    why do you think Immigration Attorneys charge fees?
    I posted earlier all links to Shusterman's website, dealing with LULAC/LIFE applications, did you find it useful?

    Zumot,
    Can you give more details?
    What is your question?
    Whether anybody went through this?
    Do you have other, particular questions that you seek answers to?

    E.

  5. #5
    i was also denied life legalization for misrepresentation
    can you tell me were was your application processed my
    was n.y

  6. #6
    Hi rajubhai
    Can you please tell me what the USCIS said about your Life Legalization misrepresentations? So we can advise you and find a way to respond to USCIS accusation!!!
    Rajubhai can you please tell me what happened with your Life Act interview and what kind of documents you gave the USCIS about your presence from 1982-88.

  7. #7

  8. #8
    Epic your findins are very useful but I am still missing the answer to one part. If inadmissible in one case, does that mean inadmissible to any other future filings to adjust. See if you can ding that one out. Also, please see the following arctle and see what you can make out of it.
    http://www.immigration-law.com/Canada.html
    and read
    03/31/2005: Attorney General Rules "Expungement" Does Not Remove Conviction and Deportability for Immigration Purposes.

  9. #9
    PA:

    There are few grounds of inadmissibility that are most serious and no waiver is possible for those. Others are relatively easier to overcome.

    For example, both convicted murderer and simple 'overstay' are 'inadmissible' and 'deportable', per different subparts of Section 212, 237 and 238( in case of convicted murderer).
    However, 'overstay' can adjust under 245(i) or 245A or some other valid grounds of adjustability.
    While murderer can't.

    As you can see, the spectrum under which Alien might fall is quite wide.

    If I am not mistaken, you earlier stated that you or your friend fall under 212(a)(6)(C)(i).
    Again, it is important to know what kind of misrepresentation you are talking about.
    I assume many people who were eligible to adjust under 245A would also be inadmissible under various subparts of section 212 by virtue of either overstaying , or staying and working in US illegally. Some may have also used false documents to enter US in the first place[that would be one example of application of (a)(6)(C)(i)].
    Again, if such conflict of statutes arised, Section245A would logically overrule certain subparts of 212.
    Or certain waiver would allow to overcome the requirements of certain parts of Section 212.
    But there are some very strict subparts of Section 212 that are virtually impossible to overcome. Still other subparts are possible to overcome, but only in case if you prove extreme hardship to USC, which you said would not apply to you/your friend.
    There are also statutory limitations on 'misrepresentations', which is 5 years , if I am not wrong.
    And you never gave , or at least I do not recall/didn't read parts where you would give a detailed account as to what particular finding was made, how were you or your frind fall under 212 (a)(6)(C)(i)?
    Was misrrepresentation made during application for adjustment under LIFE/LULAC?
    If so, was the finding wrong/factually unsupported?
    If so, can you prove it?
    You should give much more details about your case before we can give you more precise answers.
    But I would personally suggest in your particular case to check everything with Immigration Attorney, rather than expecting us, regular folks, to give you the most accurate answer on this website.


    As far as AG's expungement ruling goes:
    from what I know some laws in California are very tough and some sentenses are harsher than in other parts of the country.
    Expungement rule you refer to applies to the case of FIREARM CONVICTION in CA, which is a serious crime in itself, regardless of what State you reside in.
    And AG ruled that "An alien whose firearms conviction was expunged pursuant to section 1203.4 of the
    California Penal Code has been "convicted" for immigration purposes. Matter of
    Marroquin, 23 I&N Dec. 705 (A.G. 2005)".
    It really doesn't matter what I think of it, and there is nothing I can say to you except that AG has made a ruling that will have effect on people who were convicted of certain crimes in past but had their records 'expunged'.


    E.

  10. #10
    By all means do not answer questions by this poster. This person is psychologically unstable and will use this information against you in futere postings. I would advise you to ask some of the better qualified, well natured helpers on this board. Good luck!

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