Announcement

Collapse
No announcement yet.

CSS/LULAC Case question

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • CSS/LULAC Case question

    Hi All,

    I applied for the CSS/LULAC in 2005 and also in 2008 and both were denied after a year. In 2008, appealed to the special master and last week I got a letter saying the Special Master ruled in my favor and the same letter was sent to the USCIS. I called the office of Center for human rights (Peter Shay's) office and the person I spoke to gave me some peace of mind saying that I need just letters and not affidavits for the interview and that USCIS should send me a letter within 60 days and that I can renew my work permit and anything that was giving to me before the case was denied and revoked.

    Has anyone seen such before? Does that mean there some sort of hope?

    Look forward to your responses...

    Thanks.

  • #2
    Why were you denied twice? What crimes did you commit? and now you want ''peace of mind''? I hope they kick you in the butt and throw you out of here dirtbag.

    Comment


    • #3
      you annesty are the dirt bag here on this blog moron>> red neck..^^^

      Comment


      • #4
        I reserve my comments " NO AMNESTY"

        Comment


        • #5
          You need best legal advice . Try shusterman.com. Maybe Center of Human rights have lost there interest in these cases.
          The Center for Human Rights & Constitutional Law serves as class counsel for persons who apply for legalization or “late amnesty” under the CSS and LULAC/Newman settlements.

          The Center is concerned that CIS adjudicators may be violating the CSS and LULAC/Newman settlements in the following ways:

          1) Misapplication of the preponderance of the evidence standard.

          8 C.F.R. § 245a.12(e) requires CIS to adjudicate legalization applications using the familiar “preponderance of the evidence” standard.
          Class counsel have received reports that CIS adjudicators and the Administrative Appeals Office may be misapplying the preponderance of the evidence standard in the following ways:

          • Finding or inventing some weakness in individual items of documentary evidence of unlawful residence and thereupon declaring such evidence wholly lacking in probative weight.

          • Refusing to give declarations any probative weight because the declarant failed to attach documentary evidence of his or her U.S. residence during the period the declarant confirms a legalization applicant’s residence or presence in the U.S.

          • Declaring declarations devoid of probative weight because the declarant failed to provide non-essential details about the applicant’s employment, physical address, or daily activities.

          This list is not exclusive.

          2) Evading regulatory procedures for termination of temporary resident status.

          8 C.F.R. § 245a.2(u) prescribes the procedure CIS must follow to terminate temporary resident status.

          Class counsel have received reports that rather than follow § 245a.2(u), CIS is, without notice, revisiting CSS and Newman class members’ basic eligibility for lawful temporary residence at the time they appear for interview on applications to adjust from temporary to permanent resident status, finding that temporary residence was improvidently granted, rescinding lawful temporary residence, and denying adjustment to permanent residence.

          Lawyers, advocates and class members are encouraged to report examples of these possible violations off-list to Carlos Holguín, General Counsel, crholguin@centerforhumanrights.org.

          Comment


          • #6
            BBCHICAGO, This means that you were able to prove membership with the special master, if your background check is clear, you should be able to adjust to temporary residency, then you can apply for permanent residency (check for time limitations)I suggest you either hire carlos or peter immediately, it will be worth your while...now you need to close the door...good luck.
            Originally posted by BBCHICAGO:
            Hi All,

            I applied for the CSS/LULAC in 2005 and also in 2008 and both were denied after a year. In 2008, appealed to the special master and last week I got a letter saying the Special Master ruled in my favor and the same letter was sent to the USCIS. I called the office of Center for human rights (Peter Shay's) office and the person I spoke to gave me some peace of mind saying that I need just letters and not affidavits for the interview and that USCIS should send me a letter within 60 days and that I can renew my work permit and anything that was giving to me before the case was denied and revoked.

            Has anyone seen such before? Does that mean there some sort of hope?

            Look forward to your responses...

            Thanks.

            Comment


            • #7
              Thanks italiansrus, I was actually given temporary 2 times 2006 and 2008 and both the i131 and 687 were revoked and when I got the letter of denial in 2008, I decided to appeal through Special Master and it took over 3 yrs and I finally got the letter from the special master a few weeks ago.

              If what you are saying is correct, I hope it all goes well. :-)

              Does anyone know somebody whose case was adjudicated by the Special Master and sent back to CIS?

              Comment


              • #8
                Paul...see I told you about the special master route..BBCHICAGO is going to take into some intricacies of the game, that is why I recomend that you be represented.
                Originally posted by BBCHICAGO:
                Thanks italiansrus, I was actually given temporary 2 times 2006 and 2008 and both the i131 and 687 were revoked and when I got the letter of denial in 2008, I decided to appeal through Special Master and it took over 3 yrs and I finally got the letter from the special master a few weeks ago.

                If what you are saying is correct, I hope it all goes well. :-)

                Does anyone know somebody whose case was adjudicated by the Special Master and sent back to CIS?

                Comment


                • #9
                  Originally posted by BBCHICAGO:
                  Hi All,

                  I applied for the CSS/LULAC in 2005 and also in 2008 and both were denied after a year. In 2008, appealed to the special master and last week I got a letter saying the Special Master ruled in my favor and the same letter was sent to the USCIS. I called the office of Center for human rights (Peter Shay's) office and the person I spoke to gave me some peace of mind saying that I need just letters and not affidavits for the interview and that USCIS should send me a letter within 60 days and that I can renew my work permit and anything that was giving to me before the case was denied and revoked.

                  Has anyone seen such before? Does that mean there some sort of hope?

                  Look forward to your responses...

                  Thanks.

                  Hello BBCHICAGO,

                  This means that your membership to the NWIRP settlement denial, was overturned by the special master. Naturally this is very good news for you….but…it does not mean that your application is approved. The USCIS can still deny your application,. The special master can only decide whether or not you are a member of the NWIRP settlement. But, since the special master took your side, I would think that your chances from here on out are very good.

                  Note; During the calendar year 2010, the special master only adjudicated 2 cases. Since you applied in 2008 you were one of the first to apply, that’s why you have got you answer. I myself waited until the very last day to apply for the NWIRP. Therefore at 2 adjudications per year and 700 denials, I should get my answer from the special master in the year 2361. That’s about 350 years from now.

                  Comment


                  • #10
                    Thanks Unique... I have not seen anyone whose case was adjudicated and the letter came in the mail as a surprise....

                    Comment


                    • #11
                      Unique is it a development at ?
                      http://www.nationalimmigrationreform.org/lateamnesty/
                      Status: March 2011
                      Commencing May 24, 2004, and continuing through December 31, 2005, some 80,000 thousand long-term immigrants applied for legalization of status under the 1986 IRCA. This legalization opportunity resulted from settlements reached in the Catholic Social Services v. Napolitano and Newman v. Department of Homeland Security (formerly LULAC v. INS) class action cases in 2004.

                      Applications denied as "abandoned" or because the applicant now resides outside the United States ("foreign filers").
                      On May 18, 2010, the United States District Court ordered United States Citizen and Immigration Services (CIS) to take the following remedial action in favor of class members whose applications CIS declared abandoned or rejected because the class member now resides abroad.
                      Although the order technically applies only to CSS class members, USCIS has indicated it will apply these procedures to LULAC/Newman class members as well.
                      • Benefits for class members whose applications CIS declared abandoned.
                      On December 14, 2009, the Court ruled that CIS may not apply its abandonment regulation, 8 C.F.R. § 103.2(b)(13), in adjudicating legalization applications filed by CSS class members. The Court did not, however, decide what CIS must do instead of applying § 103.2(b)(13), or what it must do to restore the rights of class members whose legalization applications the agency unlawfully declared abandoned prior to the Court’s order.
                      In its May 18th order the Court resolved these questions and ordered CIS to take the following steps with respect to class members whose legalization applications CIS unlawfully declared abandoned:
                      1) CIS must identify all class members whose applications were declared abandoned pursuant to 8 C.F.R. § 103.2(b)(13). The agency must make all reasonable efforts to finish the identification process within 180 days, or by November 15, 2010.
                      2) CIS will issue amended decisions in all abandonment cases. The amended decision will rule on the merits of the applicant’s eligibility for legalization, rather than solely on whether the applicant timely responded to a notice of intent to deny or request for additional evidence, etc. The decision will also advise applicants of their right to appeal adverse decisions to the Administrative Appeals Office (AAO).
                      3) Class members who wish to appeal to the AAO will have 90 days from the date the amended decision is mailed to file their administrative appeals.
                      4) CIS must “where possible,” either refund filing fees class members paid to file motions to reopen CIS decisions declaring their legalization applications abandoned, or credit those filing fees toward the cost of their appeals to the AAO, at the class members’ option.
                      5) The AAO must review appeals filed by class members whose applications CIS declared abandoned “on the merits”: that is, the AAO may not deny or dismiss an appeal on the grounds that the class member failed to respond timely to a notice of intent to deny or request for additional evidence, appear for interview on his or her legalization application.

                      Comment


                      • #12
                        there`s nothing in the settlement agreements that says and or stops anyone denied under CSS/LULAC agreements from seeking relief to the special master (USCIS/AAO "interprets" the agreements and enforce it their way and the Courts also have the Judicial way) as Unique said adjudication with the special master, is at snails pace, so if this applies to you, you perhaps need to appeal with the special master, if you choose to now!!!

                        Comment


                        • #13
                          BBCHICAGO congrats to u. If I can ask what docs. did u provided to the NWRIP settlement, which they accepted it. Now, they are referring ur case to USCIS office for ur interview. Pls. can u explain in detail. Thanks.

                          Comment


                          • #14
                            Pearl,

                            What I did was after my second application was denied, I decided to write a letter (Appeal) to the special master and I included all the documents I send to CIS and also what I took for my interview.

                            I just went over the letter from the special master again and it reads at the end of the letter " The appeal has been granted" and the main letter was actually signed by Carlos Holhuin.. That letter reads "The special master ruled in your favor"

                            Let me know if you have any more questions.

                            Thanks,

                            Comment


                            • #15
                              Hello BBCHICAGO,

                              Again congratulations on your small, but significant win. I would just like to state my opinion on one potential disaster. Now that they have informed you that you are now eligible for I-765 and I-131 applications. I would strongly recommend that you not apply for the I-131. As you know, this is called advance parole, and is supposed to allow limited travel abroad.

                              Naturally you will have a desire to travel abroad, maybe a desire to visit family you haven’t seen in years? Don’t !!!!! The I-131 does not guarantee re-entry to the US. They will know if you leave the Country, and very well could deny your case quickly while you are abroad. If your case gets denied when you are out, you cannot re-enter with the advance parole, as you no longer have a pending case.

                              Comment

                              Sorry, you are not authorized to view this page

                              Home Page

                              Immigration Daily

                              Archives

                              Processing times

                              Immigration forms

                              Discussion board

                              Resources

                              Blogs

                              Twitter feed

                              Immigrant Nation

                              Attorney2Attorney

                              CLE Workshops

                              Immigration books

                              Advertise on ILW

                              EB-5

                              移民日报

                              About ILW.COM

                              Connect to us

                              Questions/Comments

                              SUBSCRIBE

                              Immigration Daily



                              Working...
                              X