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8 CFR 245a.1 (b) (9)

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  • 8 CFR 245a.1 (b) (9)

    Do the old legalization regulations apply to LIFE applications, specifically 8 CFR 245a.1 (b) (9) [An alien who would be otherwise eligible for legalization and who was present in the US in an unlawful status prior to January 01, 1982, and reentered the US as a nonimmigrant, such entry being documented on Service Form I-94, in order to return to an unrelinquished domicile ]? Thanks to all

  • #2
    Do the old legalization regulations apply to LIFE applications, specifically 8 CFR 245a.1 (b) (9) [An alien who would be otherwise eligible for legalization and who was present in the US in an unlawful status prior to January 01, 1982, and reentered the US as a nonimmigrant, such entry being documented on Service Form I-94, in order to return to an unrelinquished domicile ]? Thanks to all

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    • #3
      Urgent, Does anybody have an answer. Please post your response. Thanks

      Comment


      • #4
        Sam,

        LIFE Act has its own set of regulations, but since LIFE Act is based on IRCA, the regs you cited may be relevant.

        Tell us more about your situation, perhaps the new regs under LIFE would help.

        If somehow you don't qualifiy for legalization under LIFE, the BCIS will adjudicate your case under IRCA, and the regs that you cited will apply.

        Comment


        • #5
          I entered the U.S without inspection in 1981, then left the country in 1983 and came back with visa. I never mentioned to the consul that I used to live illegally in the U.S. I applied for Life Act and the BCIS sent me a notice of intent to deny my application because I came with valid visa.

          Comment


          • #6
            Rafi,

            How strong is your evidence of presence from 1981 to 1983?

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            • #7
              Very strong, I have all kind of evidence

              Comment


              • #8
                Sam,

                Based on what you've said, I believe that the BCIS officer denied your application in error.

                The Lulac case may help you. It covers the situation where someone is in US on a nonimmigrant visa and breaks the terms of the visa, and then travel abroad with the same visa and is allowed to enter because the visa is "facially valid." The INS used to argue that the "facially valid" aspect breaks the "continuousness" of the unlawful presence, even though the visa is really invalid, due to the earlier violation.

                http://www.immigrationlinks.com/news/news1300.htm

                http://supct.law.cornell.edu/supct/h...26.ZO.html#FN8

                LULAC sued INS in court and won, so now 245a(b)(9) says that the following alien is eligible for legalization:

                An alien who would be otherwise eligible for legalization and
                who was present in the United States in an unlawful status prior to
                January 1, 1982, and reentered the United States as a nonimmigrant, such
                entry being documented on Service Form I-94, Arrival-Departure Record,
                in order to return to an unrelinquished unlawful residence.

                The LULAC case is law and should be binding on the BCIS. I suggest that you get a copy of the LULAC case and the regulation and send it to the BCIS officer.

                Comment


                • #9
                  Further to my last post, Sam, you might also have to prove that your subsequent visa was invalid (e.g., due to failure to disclose to the issuing officer your prior unauthorized stay).

                  If all else fails, argue under IAP v. INS that because you didn't file quarterly address reports, your presence in U.S. was illegal for the entire period of 1982 - 1988.

                  http://www.ghp-law.net/IAP-vs-INS.html
                  http://www.immigrationlinks.com/news/news1573.htm

                  Comment


                  • #10
                    Generally, LULAC, class member are all person eligible for legalization who briefly traveled outside the U.S. between January 1, 1982, and November 6, 1986, improperly using some type of documentation (e.g. returned with a non-immigrant visa without disclosing they were living permanently in the UI.S. or working without INS permission, etc.)

                    Comment


                    • #11
                      To Guest, Thank you very much for your feedback, I appreciate your help.

                      Comment


                      • #12
                        To Guest; are you a class member too and which city do you live in?

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