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US Citizenship and Immigration Services (USCIS) has announced that it will begin accepting applications for a class of aliens who were denied amnesty under the Immigration Reform and Control Act (IRCA) of 1986 because of issues as to whether their unlawful status was "known to the government." This decision stems from a September 9, 2008 class action law suit settlement agreement in the case. (USCIS Press Release, November 3, 2008)
IRCA granted amnesty to almost 3 million illegal aliens in 1986, while another 250,000 applications were denied. Three class-action lawsuits have been filed against USCIS (formerly known as Immigration and Naturalization Services) since the 1986 amnesty bill was signed into law. Four years ago, a settlement gave amnesty to about 2,000 illegal aliens. USCIS spokeswoman Sharon Rummery has estimated that approximately 10,000 additional illegal aliens may qualify for amnesty as a result of the new settlement. (Statesman Journal, November 18, 2008)
The settlement allows a class of aliens whose applications were denied for certain reasons to move to reopen their applications with USCIS for review under legal standards agreed upon in the settlement. (Northwest Immigrant Rights Project v. United States Citizenship and immigration Services)
The settlement agreement requires applicants to meet three general requirements to be eligible:
* An applicant must have entered the United States on a non-immigrant visa prior to January 1, 1982.
* The applicant must have lived continuously and illegally in the United States from prior to January 1, 1982 until some time between May 5, 1987 and May 4, 1988 when the applicant visited the then Immigration and Naturalization Service (INS) office to apply for legalization under the 1986 law.
* The applicant has not been convicted of certain criminal offenses, including: one felony or three misdemeanors in the US; any crime of moral turpitude; or any drug offense except possession of marijuana under 30 grams. (Id.)
Additionally, the alien must fall into at least one of the following three categories:
* The alien violated their nonimmigrant status prior to January 1, 1982, and the violation of the status is evident based on government files.
* The alien entered the U.S. prior to January 1, 1982 as a student or temporary worker and failed to maintain that status.
* After January 1, 1982 the alien obtained some immigration benefit for which the alien was not entitled. (Id.)
Finally, the alien must have made a significant effort to apply for amnesty during the 1987-88 application period. Such efforts include attempting to apply, but being advised that the alien was ineligible or being refused an application form. (Id.) Illegal aliens will be granted a one-year period to reapply for the new amnesty, beginning February 1, 2009. A $585 reapplication fee will be charged for illegal aliens who were wrongly rejected under the 1986 amnesty and meet the qualifications, while illegal aliens who never applied but still qualify will be charged $1,130. Applying for amnesty does not guarantee that an illegal alien's status will be changed; however, the government cannot deport those who apply even if their applications are rejected. (Statesman Journal, November 18, 2008)
IRCA granted amnesty to almost 3 million illegal aliens in 1986, while another 250,000 applications were denied. Three class-action lawsuits have been filed against USCIS (formerly known as Immigration and Naturalization Services) since the 1986 amnesty bill was signed into law. Four years ago, a settlement gave amnesty to about 2,000 illegal aliens. USCIS spokeswoman Sharon Rummery has estimated that approximately 10,000 additional illegal aliens may qualify for amnesty as a result of the new settlement. (Statesman Journal, November 18, 2008)
The settlement allows a class of aliens whose applications were denied for certain reasons to move to reopen their applications with USCIS for review under legal standards agreed upon in the settlement. (Northwest Immigrant Rights Project v. United States Citizenship and immigration Services)
The settlement agreement requires applicants to meet three general requirements to be eligible:
* An applicant must have entered the United States on a non-immigrant visa prior to January 1, 1982.
* The applicant must have lived continuously and illegally in the United States from prior to January 1, 1982 until some time between May 5, 1987 and May 4, 1988 when the applicant visited the then Immigration and Naturalization Service (INS) office to apply for legalization under the 1986 law.
* The applicant has not been convicted of certain criminal offenses, including: one felony or three misdemeanors in the US; any crime of moral turpitude; or any drug offense except possession of marijuana under 30 grams. (Id.)
Additionally, the alien must fall into at least one of the following three categories:
* The alien violated their nonimmigrant status prior to January 1, 1982, and the violation of the status is evident based on government files.
* The alien entered the U.S. prior to January 1, 1982 as a student or temporary worker and failed to maintain that status.
* After January 1, 1982 the alien obtained some immigration benefit for which the alien was not entitled. (Id.)
Finally, the alien must have made a significant effort to apply for amnesty during the 1987-88 application period. Such efforts include attempting to apply, but being advised that the alien was ineligible or being refused an application form. (Id.) Illegal aliens will be granted a one-year period to reapply for the new amnesty, beginning February 1, 2009. A $585 reapplication fee will be charged for illegal aliens who were wrongly rejected under the 1986 amnesty and meet the qualifications, while illegal aliens who never applied but still qualify will be charged $1,130. Applying for amnesty does not guarantee that an illegal alien's status will be changed; however, the government cannot deport those who apply even if their applications are rejected. (Statesman Journal, November 18, 2008)
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