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  • My LULAC case has been denied

    Hi All,

    I submitted my questionnaire papers in time for legalization ( LULAC) as it was asked by INS. After that they sent me papers to take Biometrics and photos. So I went and did my Biometrics and photos with then.

    Then I applied for work permit and they sent me work permit.

    But a few days back they sent me a notice that they can't find my papers that I submitted questionnaire papers in time and based on that ground they denied my case, and gave me a 30-days period to appeal.
    I have the papers that has post officce marks that those papers was sent in time. I think they misplaced those papers somehow.

    So in this case I need some advice as to what should I do? Why did they denied it after calling me for Biometrics and giving me Work Permit? Is it really worth it to appeal?

    Please advise...

    Thanks in advance....

    Joy..

  • #2
    Hi All,

    I submitted my questionnaire papers in time for legalization ( LULAC) as it was asked by INS. After that they sent me papers to take Biometrics and photos. So I went and did my Biometrics and photos with then.

    Then I applied for work permit and they sent me work permit.

    But a few days back they sent me a notice that they can't find my papers that I submitted questionnaire papers in time and based on that ground they denied my case, and gave me a 30-days period to appeal.
    I have the papers that has post officce marks that those papers was sent in time. I think they misplaced those papers somehow.

    So in this case I need some advice as to what should I do? Why did they denied it after calling me for Biometrics and giving me Work Permit? Is it really worth it to appeal?

    Please advise...

    Thanks in advance....

    Joy..

    Comment


    • #3
      Hire a lawyer and appeal.

      Comment


      • #4
        Hi Joy, to help you with your case please answer these question
        1-When did you submitted your questionnaire papers?
        2-Did you submit your questionnaire papers to Vermont service center or Washington service center?
        3-when did you receive a notice to take a take Biometrics and photos
        4-Did the INS asked you to submit your application again to Texas Service Center?
        5-you say the INS sent you a letter to deny you LULAC case, which INS service center sent you the Denial letter?
        6- Did you apply to LIFE Legalization?

        Comment


        • #5
          Hi Joy, to help you with your case please answer these question

          Thanks Maher. below I answered your questions as you asked.

          Please give somefeed back on this.
          Thanks again

          Joy ............


          1-When did you submitted your questionnaire papers?

          Ans: Back in January 2001 before the dead line

          2-Did you submit your questionnaire papers to Vermont service center or Washington service center?
          Ans: Vermont service center

          3-when did you receive a notice to take a take Biometrics and photos
          Ans: July, 2002

          4-Did the INS asked you to submit your application again to Texas Service Center?
          Ans: No,

          5-you say the INS sent you a letter to deny you LULAC case, which INS service center sent you the Denial letter?
          ANs: Missouri Service Center

          6- Did you apply to LIFE Legalization?

          Ans: Yes

          Comment


          • #6
            Joy,

            You indicated that you submitted the questionaire in January 2001. The deadline to submit the questionaire was February 2000. That is the reason INS denied your case. In order to qualify for life legalization, you must have a claimed filed with the INS before October of 2000. Did you file anything with the INS before October 2000? I hope this answer your questions. Good luck.

            Comment


            • #7
              The deadline was February 2, 2001.

              Comment


              • #8
                AZ,

                The deadline was in 2000. Bellow is some info from center for human rights at indicates that it was 2000.

                A court judgment in the LULAC class action required the INS to open the legalization questionnaire program to LULAC class members, but the agency voluntarily extended it to CSS and Zambrano class members, and indeed, to anyone at all who claimed that he or she had been front-desked during the 1987-88 amnesty application year. The INS stopped taking new legalization questionnaires in February 2000.

                There were many problems, and there continue to be many problems, with the legalization questionnaire program:

                The INS rejected many questionnaires arbitrarily.
                The INS has still not decided thousands of questionnaires that were filed before the February 2000 deadline.
                Although the INS approved many legalization questionnaires and informed class members that they should file I-687 amnesty applications with the Texas Service Center, the INS has decided only a handful of those applications; thousand remain pending, and there is no way of knowing how long the INS will take to decide these applications.

                Comment


                • #9
                  No I think it was February 2001

                  Comment


                  • #10
                    Sorry, I found the correct information. It is February 2001. Bellow is the link to the questionaire. http://shusterman.com/cgi-bin/ex-lin...srels/Qnre.pdf

                    Comment


                    • #11
                      In order to quality for LIFE LEGALIZATION you must meet the following conditions.

                      To be eligible for LIFE Legalization, applicants must:

                      Have filed with the Attorney General a written claim for class membership, with or without a filing fee, in one of the following legalization lawsuits before October 1, 2000: CSS, LULAC or Zambrano;
                      Have entered the United States before January 1, 1982, and resided continuously in the United States in an unlawful status since that date through May 4, 1988;
                      Have been physically present in the United States during the period beginning on November 6, 1986, and ending on May 4, 1988;
                      Be admissible to the United States;
                      Have no conviction for a felony or for three or more misdemeanors committed in the United States; and
                      Demonstrate basic citizenship skills or be pursuing a recognized course of study to achieve basic citizenship skills.

                      It does not seemS that you applied for class membership in time in order to qualify for LIFE LEGALIZATION. You might have to follow thru with your questionaire that you sent to Vermont service center and legalize your status thru the 1986 law.

                      Comment


                      • #12
                        Thank you guys for your feedback..

                        I atttached a part of noted from INS site ( http://www.immigration.gov/graphics/...s/lulacins.htm ) that clearly says the dead line was on or before February 2, 2001. And I have all the documents that shows that everything was done in time.
                        -----------------------

                        In July 1998, INS voluntarily began accepting a legalization questionnaire for aliens to detail any claim of "front desking" by INS. To conform with the injunction, INS has redesigned the questionnaire to include the possibility of "front desking" by QDEs, which were public service, non-governmental organizations authorized to accept legalization applications from aliens who were reluctant to present themselves to INS. Class members who believed that they were "front desked" must file a legalization questionnaire on or before February 2, 2001. The questionnaire is available at any INS office and on the Internet at www.ins.usdoj.gov. The court order, questionnaire and notices are attached.


                        Any other advice is highly appreciated..

                        Thanks..

                        Joy....

                        Comment


                        • #13
                          Joy,

                          Your questionaire was submitted in time but under the life legalization the last date to join the class membership was October 2000.


                          Have filed with the Attorney General a written claim for class membership, with or without a filing fee, in one of the following legalization lawsuits before October 1, 2000: CSS, LULAC or Zambrano;

                          Comment


                          • #14
                            Joy:

                            I am also LULAC who filed legalization questionaire with Vermont Center prior to the Feb 2001 deadline.

                            My question to you is:

                            1) Did you receive an approval letter for that legalization questionaire from Vermont Center??

                            2) What is this "biometrics" that you are talking about??

                            For my case, I filed legalization questionaire, was approved and then sent Form I-687 and asked to file with TEXAS Center. My status adjustment will be the two step process--temporary residence then permanent residence after two years.

                            If you cannot meet all the qualifying rules for LIFE ACT, you cannot file under LIFE ACT. Even if you were under LULAC, you still need to meet ALL the criterias for LIFE ACT in order to file under LIFE ACT.

                            For those who missed the class membership requirement rule for filing under LIFE ACT, they have that approved Legalization Questionaire doorway to get legalised. This one will use the OLD AMNESTY rules of 1986, not the LIFE ACT.

                            So you may have filed under the wrong category or used the wrong forms and sent the appllications to the wrong service center.

                            Better get an attorney and correct it rightaway. Good luck.

                            Comment


                            • #15
                              Thank you all again..

                              The first time I applied for LULAC was back in 1991.

                              Then I did questionnaire before the dead line.

                              for (Guset2)>
                              1> I did not receive an approval letter for that legalization questionaire from Vermont Center even though I submited in deadline. But I have the post marks receipt that i sent that in time.

                              2> The Biometrics and Photos i took are because of the i-485 aplication i filled in. The asked me to take this Biometrics and Photos...

                              Is it possible that they are misplacing my files somehow?

                              Comment

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