CSS/LULAC Denied...what next???

[Swades]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Someone12:
the difference is I obey the laws of the US...whereas you have not....so get your life out of my country. </div></BLOCKQUOTE>

Thank you...

[Depika]

If you did not enter the U.S before Jan 01 1982, you are not eligable for css/lulac and don't waste your money and time.
If you came before that date and you can prove it, then you have a good case.

[108jam]

Swades:

Exactly...if you ENTERED INTO THE US BEFORE 01/01/1982 and can PROOF that....then you have a case. If not....you may be liable to be deported now that you exposed yourself.

Only you know the truth here---DID YOU ENTER BEFORE OR AFTER 01/01/1982????

If YES...get an attorney and fight your case.
If NO.... better be careful....

[RationalE]

Not that I am trying to be Columbus here, but there is yet another alternative for those denied LULAC/CSS and feeling lost: it's called self-deportation.

[Swades]

Well...I have been here before 1982 and I do have proof. I thought that LULAC/CSS was for people 1983+, so that's why I said that in my initial statement. I own land and a business in the US since 1990 and still do. Will this benefit me for my case? Also, can I file for LIFE or is the time frame for that already up?

[RationalE]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">I thought that LULAC/CSS was for people 1883+ </div></BLOCKQUOTE>

You must have a refined sense of humor.

[108jam]

Sorry Swades, but I think its too late to file for LIFE ACT.
When you filed the original I-687 under CSS and LULAC---you should have CHECKED the dates. It has always been for those who entered BEFORE 01/01/1982. Since the REAGAN days...it has been that way. Where in the world did you get 1983???

To take advantage of a provision of the law---an opportunity of your life time----you should KNOW the law and should have CHECKED and double check. You are given ONE CHANCE and you blew it.

Now even a very good attorney would have a tough time helping you because you are not even sure when you came to the US---you keep FLIPPING AND FLOPPING over that date---who is going to believe you now??? Definitely not the Immigration Officer.

They don't care what you own in this country---land or mountains---its insignificant. To grant you a legal status---you HAVE to MEET the legal qualifications without a shadow of a doubt. Do you understand that???? You only have yourself to blame---you cheated yourself out of that opportunity.

Or perhaps.... you never did qualify in the 1st place under CSS/LULAC. Then you should have just gone with LIFE ACT.

Now....NO CSS/LULAC.... NO LIFE ACT..... nothing for this year. Better pray that USCIS don't find you before the next big opportunity. Good luck.



<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Swades:
Well...I have been here before 1982 and I do have proof. I thought that LULAC/CSS was for people 1983+, so that's why I said that in my initial statement. I own land and a business in the US since 1990 and still do. Will this benefit me for my case? Also, can I file for LIFE or is the time frame for that already up? </div></BLOCKQUOTE>

[Swades]

OK...now I have the entire story (before, I was combining bits and pieces of what I heard my dad telling my mom...I sat down and got the entire story from my dad now). Here's what he told me (I know it's long, but please read).
Thanks

He filed for LULAC/CSS when it first became a case (don't remember the year) and he has proof that he was in the US since 1981. These proofs included letters from employers, room-mates, and letters from his home country (there are other proofs, but I can't recall them at the moment). Because he was filed under LULAC/CSS, he had a legal status and had a work authorization to support his family. About 3 or 4 years ago, he received his LULAC/CSS interview. At the interview, he took with him his lawyer and all the proofs he had showing that he was in the US since 1981. The first question the interviewer asked was to see his I-94. My dad told him that he doesn't have one and immediately after that response, the interviewer dismissed my dad and didn't even look at the proofs my dad brought with him. With my dad's dismissal, the interviewer kept all my dad's proof (luckily, my dad made photo copies of all the proofs). Regardless of the failed interview, my dad still had a legal US status with a valid work authorization until December of 2006. That month, he received a letter from the USCIS stating that since he has no LULAC/CSS pending and since his intial LULAC/CSS was denied, he is no longer applicable to renew his work authorization (and at the bottom of the letter, it says "this decesion cannot be appealed"). In May of 2007, my dad's work authorization expired and now he has no status in the US. What is he suppose to do now? He's been living in the US for almost 26 years and has already made a life here. There is nothing for him back at his home country and without a work authorization, how can he support his family (me...my mom..my brother)?

Any suggestions on what he can do to gain his legal stutus back?

Thanks

[108jam]

Swades:

The lawyer who went with your father to the interview DID NOTHING??? What was he there for---just to collect a fee???

If I were you, I would contact an attorney who is well versed in the LULAC/CSS cases and start there. Find someone who would take the time to listen and understand your story---DON'T FLIP and FLOP, make sure you tell your story as it is--with 100% TRUTH. You may have to interview several attorneys before you can find one that is suitable for you. DO NOT BE SO EAGER TO PAY THEM A FEE---check them out first.

You can go to the Center for Human Rights and ask for help there. They have a list of attorneys who were trained to handle LULAC/CSS cases.

Also, do a full research on the entire law about LULAC /CSS and know that inside out. Then mark the areas that pertain to you--like where you have proof and for what item. Take that to the attorney---HELPING him/her understand makes their job a lot easier and it will safe you a lot of heartaches and money. Then ask the attoreny to help you APPEAL the case or to have it re-opened. You should know your case better than anyone else. After all, its a fight of your life now.

Another place you can also ask for help is---your local congress person, senator.

Be prepared....its going to be a long long journey. Good luck.

[RationalE]

Swades,

in laymans words there are two things that make up your perception and guide your actions/decisions: your heart and your head.

If you are determined to fail and feel miserably - use only your heart, don't use your head.
That will guarantee the outcome you are seeking.

However, if you wish to find solutions/face the reality then put that heart of yours somewhere where neither you nor anyone in universe can reach it.
Use instead your head.

Try to answer following questions, as it may help you better grasp your options.

Q1. Is there a statute in INA (or 8 CFR) that allowed (made eligible) you or your father to apply for LULAC/CSS in the first place?
Yes or No?

This is very important question.

And to answer it someone has to research and carefully study NOT only the 1986 Amnesty Law, but all the Court Rulings ever since, ALONG with Congressional 'intent to end litigation' (corresponding provisions of LIFE ACT) AND know exactly what evidence your dad had presented at the time of interview and how those relate to the eligibility requirements.

Your best bet is to consult an attorney who is very well versed in CSS/LULAC laws/regulations and rulings (immediately fire your attorney if he/she is unable to answer your questions), that's what I suggest you to do.
But , of course, you are free not to pursue your own best interests and instead keep going in circles by asking us questions that we can't answer, such as "I am denied, what should I do next?"


Q2. If answer to Q1 is "NO" then forget about CSS/LULAC, just don't waste your time thinking of it.
If answer is firm and unequivocal "YES", then the next question in logical order is:

Am I (or my dad) allowed to (under INA, 8 CFR and/or 'case precedent') file motion to reopen/reconsider or just plainly speaking have this case re-adjudicated, either administratively or in Court?

Again, it is easy to make assumptions but if you want an accurate answer do as suggested above: consult an attorney who is very well versed in CSS/LULAC laws/regulations and rulings.

Q3: If answer to Q2 is YES - proceed with what is required to have your case re-adjudicated.
If answer is NO - then you better believe in fai-ry tales and magic if you still refuse to acknowledge the reality.
That will help you to determinedly ignore the fact that miracles never happen in life and that there are less than one in a million chances to bring a Congressional attention to routine denial of LULAC/CSS benefit ,to which you may have at once been entitled to (but are no longer eligible to apply for) .
Look at the bigger picture and ask yourself, sternly and impartially: what is so extraordinary about your hardship that puts you ahead of all the others who are denied LULAC/CSS or missed the chance to re-apply when they still could?

There is an ultimate strength in ability to accept the dictate of natural course of events , ability to accept it as is. Do you have such strength?

Because in the final analysis you have only two options:

face it all as dignified human being , without show of pity and pain, and move on with your life as is (or , better yet, leave the country whenever and as soon as you can, if circumstances allow you)

or

keep on going in circles, asking the same questions - in vain and all over again, in desperate attempt to re-write your destiny.
But that's mere hiding of your head in the sands.

All this may sound harsh - but that's the WAY it is.


Wish you the best,

RationalE