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Results 1 to 3 of 3

Thread: Legalization. (2 of 2)

  1. #1
    http://uscis.gov/lpbin/lpext.dll/ins...=templates&2.0


    INSERTS/Adjudicator's Field Manual - Redacted Public Version/Chapter 24 Legalization. (2 of 2)


    (4) Was continuously physically present in the U.S. from November 6, 1986 through May 4, 1988;



    (5) Is admissible to the U.S.;



    (6) Has not been convicted of a felony or three misdemeanors;



    (7) Has never assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political group; and



    (8) Possesses basic citizenship skills or is satisfactorily pursuing a course of study to achieve these basic citizenship skills.



    (i) Entered the U.S. Before January 1, 1982, and Thereafter Resided in Continuous Unlawful Status since Such Date Through May 4, 1988. Carefully check the evidence submitted to establish that the applicant entered the U.S. before January 1, 1982 either as a nonimmigrant or without inspection. If during this period, the alien was outside the U.S. under a deportation order, this breaks his/her continuous residence.



    (j) Was Continuously Physically Present in the U.S. from November 6, 1986, Through May 4, 1988. Evidence of physical presence may consist of any documentation issued by any governmental or non-governmental authority, provided it has the applicant's name, dated at time of issuance, has signature, seal, or other authenticating instrument of the authorized representative of the issuing authority.



    (k) Departures from the U.S. Between November 6, 1986, and May 4, 1988. Any departure during this time must have been brief, casual and innocent so as to not interrupt continuous physical presence. Failure of an alien to have advance parole should not be considered.



    (l) Criminal Convictions and Inadmissibility.



    (1) No Waivers Allowed. No waivers are permitted and the application may be denied without an interview if the record of proceeding contains court documents evidencing the following conviction(s):



    " felony, three or more misdemeanors, persecution of others, crime involving moral turpitude (section 212(a)(2)(A)(i)(I) of the Act),

    " multiple criminal convictions (section 212(a)(2)(B) of the Act),

    " controlled substances traffickers (section 212(a)(2)(C) of the Act),

    " controlled substances (section 212(a)(2)(A)(i)(II) of the Act),

    " security and related grounds (section 212(a)(3) of the Act).



    (2) Waivers Allowed. Section 212(a)(9)(A) and section 212(a)(9)(C) of the Act have not been waived for LIFE Legalization applicants but they may apply for a waiver of those grounds on Form I-690, Application for Waiver of Excludability.



    (3) Automatically Waived. LIFE Legalization applicants are not subject to unlawful presence ground of inadmissibility pursuant to section 212(a)(9)(B) of the Act as this section has been waived for these applicants.



    (m) Public Charge. The "Special Rule" should be applied in LIFE Legalization cases which allows INS or USCIS to look retrospectively at an alien's employment history when determining whether he/she is prospectively likely to become a public charge. Accordingly, INS and USCIS will take into account an alien's employment history in the U.S., to include the period prior to the 1986 advent of employer sanctions.



    (n) Citizenship Skills. If the applicant has a high school diploma, GED, or certification from a state-recognized, accredited learning institution, he/she may not have to pass the citizenship test. This requirement may be waived for applicants age 65 or older, or for medical reasons.



    (o) Consideration of the LIFE Legalization Application under IRCA. An applicant who has established that he/she registered for class membership as required but otherwise does not qualify for adjustment under LIFE Legalization, must be given consideration to whether he/she could be granted temporary resident status under IRCA 201. For instance, under IRCA, an alien need not show residence or presence after the application was filed. In such an adjudication, the "date of filing the application" is deemed to be the date the applicant establishes that he/she was front-desked or discouraged from filing. If the applicant has established eligibility for adjustment to temporary resident status, the LIFE Legalization application shall be deemed converted to an application for temporary residence under the pre-LIFE Act provisions of section 245A of the Act.



    (p) Failure to Appear. If the applicant fails to appear for the first scheduled interview, check to ensure the notice was sent to the last known address of record. 30 days after the first no-show, a second interview notice should be sent, which should inform the applicant that failure to appear will result in the denial of the application.



    (q) Approval. If the application is approved, the applicant should receive temporary evidence of LPR status. The COA for applicants adjusting to LPR status under LIFE Legalization is W46. Upon approval, update CLAIMS and Copies 1 and 3 of Form I-181 to reflect date, place, and COA (Copy 1 stays in A-file, send A-file to NRC)(send Copy 3 to MSC). If biometric data has not been received, MSC will refer the applicant for an appointment at an ASC.



    (r) Notice of Intent to Deny (NITD). When an adverse decision is proposed, USCIS will notify the applicant of its intent to deny and the basis for denial. The applicant has 30 days to respond to the NITD.



    (s) Denials (NOD). The Notice of Denial should state the reasons for the denial and inform the applicant of appeal rights. If inconsistencies are found between information submitted with the LIFE Legalization application and information previously furnished by the alien to INS, the alien must be given the opportunity to explain these discrepancies or rebut any adverse information. The denial notice should also advise the applicant that if he/she fails to file an appeal from the decision, the notice of denial will serve as a final notice of ineligibility. Unless the alien was previously subject to a final removal order, the denial notice will not order the applicant to depart the U.S. and Form I-291 will not contain language to that effect. Furthermore, no NTA will be issued pursuant to a denied LIFE Legalization application.



    (t) Appeals. The applicant is entitled to file an appeal on Form I-290B, Notice of Appeal to the Administrative Appeals Unit (AAU), with the required fee. The appeal must be filed with the office that rendered the denial decision. Appeals must be filed within 30 or 60 days after service of NOD depending on whether the applicant is residing in or outside the U.S. Upon receipt of the appeal, the administrative record should be forwarded to the AAO for review and decision. Place a copy of the record, decision, and appeal into a work (W) file and keep that at the District Office that issued the denial until the AAO completes the case. Except where the LIFE Legalization application is denied for failure to prove class membership application in CSS, LULAC, or Zambrano, or where the applicant failed to present a prima facie application, employment authorization is granted until a final decision has been rendered on appeal or until the end of the appeal period if no appeal is filed. After exhaustion of an appeal, an alien who believes that the grounds for denial have been overcome may submit another LIFE Legalization application with fee as long as the application period is still open.



    (u) Motions to Reopen/Reconsider. Motions to reopen or reconsider filed by the applicant or his/her attorney or representative will not be considered. However, the Director who decided an application may reopen and reconsider an an approval or denial where appropriate.



    (v) Aliens in Removal Proceedings. Jurisdiction over all LIFE Legalization claims rests with INS or USCIS. Any alien currently in proceedings before the immigration judge (IJ) or Board of Immigration Appeals (BIA) who is prima facie eligible for LIFE Legalization may file an application with INS or USCIS. The alien must request or petition the IJ or BIA to administratively close proceedings. The INS or USCIS counsel must consent before the proceedings can be administratively closed. The INS or USCIS counsel will consent where the alien is prima facie eligible and has filed a LIFE Legalization application with INS or USCIS. If the LIFE Legalization is approved, the proceedings previously administratively closed will be automatically terminated. If the LIFE Legalization is denied, the proceedings will be re-calendared. Therefore, if an application is denied and the alien was in removal proceedings, district counsel should be notified when no appeal is filed within the requisite deadline.



    (w) Aliens with Final Orders or Removal, Deportation or Exclusion. If an alien is the subject of a final order, he/she may still file a LIFE Legalization application with INS or USCIS. The filing of the application automatically stays this order until a final decision is made on the application. However, the alien may be removed on certain criminal grounds that make him/her ineligible under LIFE Legalization. Therefore, if an application is denied and the alien was subject to a final order, district counsel should be notified if no appeal is filed within the requisite deadline. It is noted that section 241(a)(5) of the Act (providing for the reinstatement of a removal order against any alien who illegally re-enters the U.S. after having been removed or after having departed voluntarily under an order of removal) does not apply to an alien adjusting under LIFE Legalization.



    (x) Confidentiality. INS and USCIS may not use or disclose information in a legalization application or its accompanying evidence except to adjudicate the application itself, or for certain law enforcement functions and fraud proceedings. If the legalization application is granted, however, and the alien later files an immigrant visa petition or other status petition under section 204 of the Act, INS or USCIS may use information in the legalization file in adjudicating the immigrant visa petition. This also applies to adjudicating a later naturalization application. Consult with district counsel when contemplating any use or disclosure of this information.



    24.6 LIFE Act Family Unity Provisions.



    (a) Purpose. The LIFE Act Amendments provide that certain spouses and unmarried children of aliens eligible for LIFE Legalization receive Family Unity benefits.



    (b) Jurisdiction and Proper Filing. Each applicant for the LIFE Family Unity Program must file a separate Form I-817, Application for Family Unity Benefits, at the National Benefits Center. The Form I-817 must be accompanied by four (4) passport-style photos, documents in support of the claim, and the requisite filing fee and fingerprinting fee.



    Note: A separate Form I-765, Application for Employment Authorization, is NOT required.



    (c) Eligibility.



    (1) The applicant must currently be the spouse or unmarried child of an alien eligible for LIFE Legalization. Unlike the Family Unity Program established by IMMACT 90 and discussed in Chapter 24.4 of this field manual, an unmarried child does "age- out" of Family Unity benefits upon the attainment of 21 years of age.



    (2) The applicant must have entered the United States before December 1, 1988, and have been residing in the United States on such date.



    (3) The applicant must currently be in the United States.



    (4) The principal alien must:



    " Be an "eligible alien" (as that term is defined at 8 CFR 245a.10);

    " Be an "eligible alien" who has applied for LIFE Legalization (if the applicant is applying for Family Unity benefits on or after June 5, 2003); or

    " Have adjusted status to lawful permanent resident pursuant to LIFE Legalization.



    Note: The LIFE Act Amendments also provide Family Unity benefits to certain spouses and unmarried children of aliens who adjusted their status to lawful permanent resident pursuant to LIFE Legalization and who are no longer present in the United States. Regulations providing procedures for granting Family Unity benefits to an otherwise eligible alien who is no longer present in the United States are forthcoming.



    (d) Ineligibility. The folowing individuals are not eligible for Family Unity benefits:



    (1) A Family Unity applicant who has been convicted of a felony or of three or more misdemeanors in the United States.



    (2) A Family Unity applicant who has ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual's race, religions, nationality, membership in a particular social group, or political opinion.



    (3) A Family Unity applicant who has been convicted by a final judgment of a particularly serious crime and who is a danger to the community of the United States.



    (4) A Family Unity applicant who INS or USCIS has serious reasons to believe has committed a serious nonpolitical crime outside of the United States before the applicant arrived in the United States.



    (5) A Family Unity applicant who INS or USCIS has reasonable grounds to believe is a danger to the security of the United States.



    (e) Decisions.



    (1) Approvals. If the service center director approves a Form I-817, the Family Unity beneficiary will receive protection from removal for a 1-year period if the principal alien has not adjusted to lawful permanent resident status or for a 2-year period if the principal alien has adjusted to lawful permanent resident status. He or she will be deemed to be in an authorized period of stay . Such authorized period of stay will be deemed to begin as of the date the Form I-817 was filed and continues without interruption until the Form I-817 is approved and through the period the alien retains Family Unity protection. The Family Unity beneficiary will also receive an Employment Authorization Document valid for the same period as the protection from removal. The Family Unity beneficiary receives protection from removal provided that the grounds of removal are specified in:



    " Section 237(a)(1)(B) of the Act (aliens present in the United States in violation of the Act or any other law of the United States);



    " Section 237(a)(1)(C) of the Act (aliens who violated their nonimmigrant status or violated the conditions of entry);



    " Section 237(a)(3)(A) of the Act (aliens who failed to comply with the change of address notification requirements of the Act); or



    " Section 237(a)(1)(A) of the Act (aliens who were inadmissible at the time of entry) unless it relates to a ground of inadmissibility described in section 212(a)(2) (criminal and related grounds) or section 212(a)(3) (security and related grounds) of the Act.



    Note: If the Family Unity beneficiary is the unmarried child of a principal alien, and he or she will turn 21 during the period for which he or she would be granted Family Unity benefits, the evidence of protection from removal and any EAD will be dated to expire the day before the beneficiary's 21st birthday.



    (2) Denials. If the service center director finds that a Form I-817 cannot be approved, a written notice of denial must be provided to the applicant. There is no appeal from a denied Form I-817. If the applicant believes that the grounds of denial have been overcome, he or she may submit a new Form I-817, with fee, to the service center director. A notice to appear must not be issued until 90 days after the initial denial.



    (f) Extension of Family Unity Benefits. The LIFE Act Amendments also provide for extensions of Family Unity benefits. Regulations providing procedures for granting extensions of Family Unity benefits are forthcoming.



    (g) Termination of Family Unity Benefits.



    (1) INS or USCIS may terminate benefits under the Family Unity Program if:



    " The Family Unity benefits were acquired through fraud or willful misrepresentation of a material fact;



    " The Family Unity beneficiary commits an act that makes him or her inadmissible as an immigrant for benefits under the Family Unity program;



    " The principal alien loses his or her legalized status (naturalization of the principal alien does not render the Family Unity beneficiaries ineligible for Family Unity benefits), fails to apply for LIFE Legalization by June 4, 2003, or has his or her LIFE Legalization application denied; or



    " A qualifying relationship to the principal alien no longer exists (i.e., the principal alien and his or her spouse divorce, or the child of the principal alien turns 21).



    (2) The Service Center Director must provide a written notice of intent to terminate to the Family Unity beneficiary and allow 30 days for response. A final notice of termination must also be provided to the Family Unity beneficiary upon a determination to terminate.



    (3) A Family Unity beneficiary who has his or her benefits terminated will begin accruing unlawful presence immediately from the date of such termination. Further, if Family Unity benefits are terminated and the alien then departs from the United States, any unlawful presence accrued prior to the grant of Family Unity benefits may make the alien subject to section 212(a)(9)(B) of the Act and ineligible for other immigration benefits.





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  2. #2
    http://uscis.gov/lpbin/lpext.dll/ins...=templates&2.0


    INSERTS/Adjudicator's Field Manual - Redacted Public Version/Chapter 24 Legalization. (2 of 2)


    (4) Was continuously physically present in the U.S. from November 6, 1986 through May 4, 1988;



    (5) Is admissible to the U.S.;



    (6) Has not been convicted of a felony or three misdemeanors;



    (7) Has never assisted in the persecution of any person or persons on account of race, religion, nationality, membership in a particular social group, or political group; and



    (8) Possesses basic citizenship skills or is satisfactorily pursuing a course of study to achieve these basic citizenship skills.



    (i) Entered the U.S. Before January 1, 1982, and Thereafter Resided in Continuous Unlawful Status since Such Date Through May 4, 1988. Carefully check the evidence submitted to establish that the applicant entered the U.S. before January 1, 1982 either as a nonimmigrant or without inspection. If during this period, the alien was outside the U.S. under a deportation order, this breaks his/her continuous residence.



    (j) Was Continuously Physically Present in the U.S. from November 6, 1986, Through May 4, 1988. Evidence of physical presence may consist of any documentation issued by any governmental or non-governmental authority, provided it has the applicant's name, dated at time of issuance, has signature, seal, or other authenticating instrument of the authorized representative of the issuing authority.



    (k) Departures from the U.S. Between November 6, 1986, and May 4, 1988. Any departure during this time must have been brief, casual and innocent so as to not interrupt continuous physical presence. Failure of an alien to have advance parole should not be considered.



    (l) Criminal Convictions and Inadmissibility.



    (1) No Waivers Allowed. No waivers are permitted and the application may be denied without an interview if the record of proceeding contains court documents evidencing the following conviction(s):



    " felony, three or more misdemeanors, persecution of others, crime involving moral turpitude (section 212(a)(2)(A)(i)(I) of the Act),

    " multiple criminal convictions (section 212(a)(2)(B) of the Act),

    " controlled substances traffickers (section 212(a)(2)(C) of the Act),

    " controlled substances (section 212(a)(2)(A)(i)(II) of the Act),

    " security and related grounds (section 212(a)(3) of the Act).



    (2) Waivers Allowed. Section 212(a)(9)(A) and section 212(a)(9)(C) of the Act have not been waived for LIFE Legalization applicants but they may apply for a waiver of those grounds on Form I-690, Application for Waiver of Excludability.



    (3) Automatically Waived. LIFE Legalization applicants are not subject to unlawful presence ground of inadmissibility pursuant to section 212(a)(9)(B) of the Act as this section has been waived for these applicants.



    (m) Public Charge. The "Special Rule" should be applied in LIFE Legalization cases which allows INS or USCIS to look retrospectively at an alien's employment history when determining whether he/she is prospectively likely to become a public charge. Accordingly, INS and USCIS will take into account an alien's employment history in the U.S., to include the period prior to the 1986 advent of employer sanctions.



    (n) Citizenship Skills. If the applicant has a high school diploma, GED, or certification from a state-recognized, accredited learning institution, he/she may not have to pass the citizenship test. This requirement may be waived for applicants age 65 or older, or for medical reasons.



    (o) Consideration of the LIFE Legalization Application under IRCA. An applicant who has established that he/she registered for class membership as required but otherwise does not qualify for adjustment under LIFE Legalization, must be given consideration to whether he/she could be granted temporary resident status under IRCA 201. For instance, under IRCA, an alien need not show residence or presence after the application was filed. In such an adjudication, the "date of filing the application" is deemed to be the date the applicant establishes that he/she was front-desked or discouraged from filing. If the applicant has established eligibility for adjustment to temporary resident status, the LIFE Legalization application shall be deemed converted to an application for temporary residence under the pre-LIFE Act provisions of section 245A of the Act.



    (p) Failure to Appear. If the applicant fails to appear for the first scheduled interview, check to ensure the notice was sent to the last known address of record. 30 days after the first no-show, a second interview notice should be sent, which should inform the applicant that failure to appear will result in the denial of the application.



    (q) Approval. If the application is approved, the applicant should receive temporary evidence of LPR status. The COA for applicants adjusting to LPR status under LIFE Legalization is W46. Upon approval, update CLAIMS and Copies 1 and 3 of Form I-181 to reflect date, place, and COA (Copy 1 stays in A-file, send A-file to NRC)(send Copy 3 to MSC). If biometric data has not been received, MSC will refer the applicant for an appointment at an ASC.



    (r) Notice of Intent to Deny (NITD). When an adverse decision is proposed, USCIS will notify the applicant of its intent to deny and the basis for denial. The applicant has 30 days to respond to the NITD.



    (s) Denials (NOD). The Notice of Denial should state the reasons for the denial and inform the applicant of appeal rights. If inconsistencies are found between information submitted with the LIFE Legalization application and information previously furnished by the alien to INS, the alien must be given the opportunity to explain these discrepancies or rebut any adverse information. The denial notice should also advise the applicant that if he/she fails to file an appeal from the decision, the notice of denial will serve as a final notice of ineligibility. Unless the alien was previously subject to a final removal order, the denial notice will not order the applicant to depart the U.S. and Form I-291 will not contain language to that effect. Furthermore, no NTA will be issued pursuant to a denied LIFE Legalization application.



    (t) Appeals. The applicant is entitled to file an appeal on Form I-290B, Notice of Appeal to the Administrative Appeals Unit (AAU), with the required fee. The appeal must be filed with the office that rendered the denial decision. Appeals must be filed within 30 or 60 days after service of NOD depending on whether the applicant is residing in or outside the U.S. Upon receipt of the appeal, the administrative record should be forwarded to the AAO for review and decision. Place a copy of the record, decision, and appeal into a work (W) file and keep that at the District Office that issued the denial until the AAO completes the case. Except where the LIFE Legalization application is denied for failure to prove class membership application in CSS, LULAC, or Zambrano, or where the applicant failed to present a prima facie application, employment authorization is granted until a final decision has been rendered on appeal or until the end of the appeal period if no appeal is filed. After exhaustion of an appeal, an alien who believes that the grounds for denial have been overcome may submit another LIFE Legalization application with fee as long as the application period is still open.



    (u) Motions to Reopen/Reconsider. Motions to reopen or reconsider filed by the applicant or his/her attorney or representative will not be considered. However, the Director who decided an application may reopen and reconsider an an approval or denial where appropriate.



    (v) Aliens in Removal Proceedings. Jurisdiction over all LIFE Legalization claims rests with INS or USCIS. Any alien currently in proceedings before the immigration judge (IJ) or Board of Immigration Appeals (BIA) who is prima facie eligible for LIFE Legalization may file an application with INS or USCIS. The alien must request or petition the IJ or BIA to administratively close proceedings. The INS or USCIS counsel must consent before the proceedings can be administratively closed. The INS or USCIS counsel will consent where the alien is prima facie eligible and has filed a LIFE Legalization application with INS or USCIS. If the LIFE Legalization is approved, the proceedings previously administratively closed will be automatically terminated. If the LIFE Legalization is denied, the proceedings will be re-calendared. Therefore, if an application is denied and the alien was in removal proceedings, district counsel should be notified when no appeal is filed within the requisite deadline.



    (w) Aliens with Final Orders or Removal, Deportation or Exclusion. If an alien is the subject of a final order, he/she may still file a LIFE Legalization application with INS or USCIS. The filing of the application automatically stays this order until a final decision is made on the application. However, the alien may be removed on certain criminal grounds that make him/her ineligible under LIFE Legalization. Therefore, if an application is denied and the alien was subject to a final order, district counsel should be notified if no appeal is filed within the requisite deadline. It is noted that section 241(a)(5) of the Act (providing for the reinstatement of a removal order against any alien who illegally re-enters the U.S. after having been removed or after having departed voluntarily under an order of removal) does not apply to an alien adjusting under LIFE Legalization.



    (x) Confidentiality. INS and USCIS may not use or disclose information in a legalization application or its accompanying evidence except to adjudicate the application itself, or for certain law enforcement functions and fraud proceedings. If the legalization application is granted, however, and the alien later files an immigrant visa petition or other status petition under section 204 of the Act, INS or USCIS may use information in the legalization file in adjudicating the immigrant visa petition. This also applies to adjudicating a later naturalization application. Consult with district counsel when contemplating any use or disclosure of this information.



    24.6 LIFE Act Family Unity Provisions.



    (a) Purpose. The LIFE Act Amendments provide that certain spouses and unmarried children of aliens eligible for LIFE Legalization receive Family Unity benefits.



    (b) Jurisdiction and Proper Filing. Each applicant for the LIFE Family Unity Program must file a separate Form I-817, Application for Family Unity Benefits, at the National Benefits Center. The Form I-817 must be accompanied by four (4) passport-style photos, documents in support of the claim, and the requisite filing fee and fingerprinting fee.



    Note: A separate Form I-765, Application for Employment Authorization, is NOT required.



    (c) Eligibility.



    (1) The applicant must currently be the spouse or unmarried child of an alien eligible for LIFE Legalization. Unlike the Family Unity Program established by IMMACT 90 and discussed in Chapter 24.4 of this field manual, an unmarried child does "age- out" of Family Unity benefits upon the attainment of 21 years of age.



    (2) The applicant must have entered the United States before December 1, 1988, and have been residing in the United States on such date.



    (3) The applicant must currently be in the United States.



    (4) The principal alien must:



    " Be an "eligible alien" (as that term is defined at 8 CFR 245a.10);

    " Be an "eligible alien" who has applied for LIFE Legalization (if the applicant is applying for Family Unity benefits on or after June 5, 2003); or

    " Have adjusted status to lawful permanent resident pursuant to LIFE Legalization.



    Note: The LIFE Act Amendments also provide Family Unity benefits to certain spouses and unmarried children of aliens who adjusted their status to lawful permanent resident pursuant to LIFE Legalization and who are no longer present in the United States. Regulations providing procedures for granting Family Unity benefits to an otherwise eligible alien who is no longer present in the United States are forthcoming.



    (d) Ineligibility. The folowing individuals are not eligible for Family Unity benefits:



    (1) A Family Unity applicant who has been convicted of a felony or of three or more misdemeanors in the United States.



    (2) A Family Unity applicant who has ordered, incited, assisted, or otherwise participated in the persecution of an individual because of the individual's race, religions, nationality, membership in a particular social group, or political opinion.



    (3) A Family Unity applicant who has been convicted by a final judgment of a particularly serious crime and who is a danger to the community of the United States.



    (4) A Family Unity applicant who INS or USCIS has serious reasons to believe has committed a serious nonpolitical crime outside of the United States before the applicant arrived in the United States.



    (5) A Family Unity applicant who INS or USCIS has reasonable grounds to believe is a danger to the security of the United States.



    (e) Decisions.



    (1) Approvals. If the service center director approves a Form I-817, the Family Unity beneficiary will receive protection from removal for a 1-year period if the principal alien has not adjusted to lawful permanent resident status or for a 2-year period if the principal alien has adjusted to lawful permanent resident status. He or she will be deemed to be in an authorized period of stay . Such authorized period of stay will be deemed to begin as of the date the Form I-817 was filed and continues without interruption until the Form I-817 is approved and through the period the alien retains Family Unity protection. The Family Unity beneficiary will also receive an Employment Authorization Document valid for the same period as the protection from removal. The Family Unity beneficiary receives protection from removal provided that the grounds of removal are specified in:



    " Section 237(a)(1)(B) of the Act (aliens present in the United States in violation of the Act or any other law of the United States);



    " Section 237(a)(1)(C) of the Act (aliens who violated their nonimmigrant status or violated the conditions of entry);



    " Section 237(a)(3)(A) of the Act (aliens who failed to comply with the change of address notification requirements of the Act); or



    " Section 237(a)(1)(A) of the Act (aliens who were inadmissible at the time of entry) unless it relates to a ground of inadmissibility described in section 212(a)(2) (criminal and related grounds) or section 212(a)(3) (security and related grounds) of the Act.



    Note: If the Family Unity beneficiary is the unmarried child of a principal alien, and he or she will turn 21 during the period for which he or she would be granted Family Unity benefits, the evidence of protection from removal and any EAD will be dated to expire the day before the beneficiary's 21st birthday.



    (2) Denials. If the service center director finds that a Form I-817 cannot be approved, a written notice of denial must be provided to the applicant. There is no appeal from a denied Form I-817. If the applicant believes that the grounds of denial have been overcome, he or she may submit a new Form I-817, with fee, to the service center director. A notice to appear must not be issued until 90 days after the initial denial.



    (f) Extension of Family Unity Benefits. The LIFE Act Amendments also provide for extensions of Family Unity benefits. Regulations providing procedures for granting extensions of Family Unity benefits are forthcoming.



    (g) Termination of Family Unity Benefits.



    (1) INS or USCIS may terminate benefits under the Family Unity Program if:



    " The Family Unity benefits were acquired through fraud or willful misrepresentation of a material fact;



    " The Family Unity beneficiary commits an act that makes him or her inadmissible as an immigrant for benefits under the Family Unity program;



    " The principal alien loses his or her legalized status (naturalization of the principal alien does not render the Family Unity beneficiaries ineligible for Family Unity benefits), fails to apply for LIFE Legalization by June 4, 2003, or has his or her LIFE Legalization application denied; or



    " A qualifying relationship to the principal alien no longer exists (i.e., the principal alien and his or her spouse divorce, or the child of the principal alien turns 21).



    (2) The Service Center Director must provide a written notice of intent to terminate to the Family Unity beneficiary and allow 30 days for response. A final notice of termination must also be provided to the Family Unity beneficiary upon a determination to terminate.



    (3) A Family Unity beneficiary who has his or her benefits terminated will begin accruing unlawful presence immediately from the date of such termination. Further, if Family Unity benefits are terminated and the alien then departs from the United States, any unlawful presence accrued prior to the grant of Family Unity benefits may make the alien subject to section 212(a)(9)(B) of the Act and ineligible for other immigration benefits.





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  3. #3
    Depika
    Can you elaborate for me please about the family unit benefits. Can I include form 1-817 when I file my petition or does that come later. Thanks in advance for your response.

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