Important -Lulac/Newman

Zee · Member

Important -Lulac/Newman

Zee · Member

CSS/LULAC/LIFE Act FAQ

“Frequently Asked Questions”

Q: What is the deadline to apply under CSS and Newman (LULAC)?

December 31, 2005.

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Q: What is the residence requirement under the CSS, Newman (LULAC), and LIFE Act?

For CSS and Newman (LULAC) settlement cases, applicants must show continuous unlawful residence from before January 1, 1982 until the day on which they claim they attempted to apply for amnesty during the May 1987-May 1988 application period and were turned away.

For LIFE Act adjustment cases, applicants must have continuous unlawful residence from before January 1, 1982 until May 4, 1988.

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Q: The deadline to apply for the settlements is quickly approaching. I had my interview under LIFE legalization. I have not received any approval or denial or RFEs from USCIS yet, Can you tell me if it’s ok at this point to reapply under settlements?

Yes. Your rights under the settlement are independent of and in addition to those under the LIFE Act.

We strongly recommend that you file under the CSS or Newman/LULAC settlements by the December 31, 2005, filing deadline unless you actually receive LIFE Act adjustment before that date. If you miss the CSS/Newman/LULAC filing deadline and your LIFE Act application is later denied, it will be too late to apply under the CSS/Newman/LULAC settlements.

In addition, the CSS and Newman/LULAC settlements generally require the CIS to decide applications within nine months. Nothing requires the CIS to decide a LIFE Act application within any time certain, and it could well be that you will get a decision on your CSS or Newman/LULAC application before the CIS decides your LIFE Act application even though the LIFE Act application was filed much sooner.

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Q: What is an example of a “brief, casual and innocent absence” that will not disturb the continuous physical presence requirement?

Absences after November 6, 1986 are okay if they were brief, casual, and innocent. There is no set definition for these terms. Generally, an absence of about one month will probably be brief. Absence must also be “innocent,” which means that the trip must not have been to accomplish an illegal purpose such as obtaining a visa by fraud while the immigrant was abroad. However, the use of a previously issued non-immigrant visa to return illegally is okay. No waivers are needed for brief, casual, and innocent absences.

We believe that absences after the applicant was turned away by the INS (for CSS and Newman (LULAC) applicants) or after May 4, 1988 (for LIFE Act applicants) are irrelevant to eligibility. However, if a person at any time used a non-immigrant visa to return illegally (at any time after January 1, 1982), they probably need a waiver of excludability.

CIS may not recognize this, so it may be best to submit the application without a waiver and then file one if it is requested.

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Q: I arrived here in 1986. Am I eligible to apply under CSS or Newman (LULAC)?

No. In order to apply under CSS or Newman (LULAC), you must have lived continuously (except for brief absences) in the United States from before 1/1/82 until sometime during the original 1987-88 amnesty application period when you visited an INS office (or a community-based organization, such as Catholic Charities), in order to apply for amnesty.

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Q: What if I left the United States after being turned away by the INS? Will that defeat the “continuous presence” requirement?

No. Go ahead and file an application.

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Q: Am I eligible under CSS or Newman (LULAC) if I am under an order of deportation?

Yes, you can still apply for legalization under the CSS and Newman (LULAC) settlements if you are under an order of deportation as long as you are otherwise eligible for legalization.

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Q: What if I traveled out of the country after I arrived in the U.S. and I was arrested at the border when I tried to come back and was deported?

If this happened after you tried to apply for legalization during the 1987-88 application year and you were removed simply because you had no immigration papers, then that removal is not relevant to eligibility under the CSS or Newman (LULAC) settlements.

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Zee · Member

Q: Is it possible to apply under CSS or Newman (LULAC) if I’m not currently living in the United States?

You are eligible to apply under the settlements if you are a class member. Review the settlement agreements to see who is a class member. Right now, the Government is taking the position that you can apply from abroad, but they will deny your application because they believe you must be in the U.S. to apply. We disagree with that position. We think you can apply from abroad. We suggest that you follow all the same procedures to apply that someone living in the U.S. would.

Put your correct address abroad on the form.

Follow all of the instructions on the I-687 form and include the filing fee. If you like, include an application for employment authorization and the fee for that as well. All forms are available on the CIS website (see above).
When the entire packet is ready to be mailed, we suggest you mail it to a friend in the U.S. and ask him to mail the packet to the Chicago office, return receipt requested. Ask your friend to send you the paper that he or she gets showing that the packet was delivered.

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Q: If I was born outside the U.S. after 1982, can I apply for legalization under the CSS or Newman (LULAC) settlements if I did not live in the U.S. from before 1982, but my father did?

You do not qualify for legalization, but you may qualify for another benefit, “family unity status.” Family unity status allows you to remain and work legally in the United States while you immigrate through the regular family-based immigration system.
In order to get family unity status, (1) your parent or spouse must apply for and be granted temporary resident status under the CSS or Newman (LULAC) settlements, or granted adjustment of status under the LIFE Act, and (2) you must prove that you resided in the U.S. in May 1988 (if your parent applies for a temporary resident status) or December 1988 (if your parent applies for LIFE Act adjustment).

If you qualify for LIFE Act family unity benefits, you can apply as soon as your parent or spouse applies, but if your parent or spouse is later denied, you may be placed in a deportation hearing. It is better to wait until your parent is granted status before you apply for Family Unity benefits.
If your parent or spouse is applying under the CSS or Newman/LULAC settlement, they you are not eligible for family unity status until after your parent or spouse is given temporary resident status.

The form for family unity status is the I-817, which is available on the CIS page (see above).
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Q: I lived in the U.S. as a minor with my parents during the period 82 to 88 illegally. I am now married and have two children born abroad. Are my wife and children included as dependants in my CSS or Newman/LULAC application?

No. Each individual must qualify independently for legalization.

After you legalize, they might be eligible for family unity status while they wait to immigrate through the regular, family-based immigration system. They would have to show that they resided in the U.S. in May 1988.

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Q: I filed an I-687 during the original 1987-88 application year, and I was granted temporary residence. However, I failed to apply for permanent residence within 43 months. Am I covered by the CSS or Newman settlements? Am I now able to apply for permanent residence?

No. The CSS and Newman (LULAC) settlements only cover individual who were blocked from applying for legalization during the 1987-88 application year. Since you successfully perfected an application and received temporary residence, CSS and Newman (LULAC) are inapplicable.
However, if you attempted to apply for legalization during 1987-88, were turned away, and later went back and managed to file an application, then you may still be a class member. You should file an application, but the government will likely put up a fight.

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Q: How do I apply?

Complete the I-687, the class member worksheet, add your proof of residence from before 1982 until the time you were turned away by the INS (using declarations, see below). You may supplement your proof later on, so do not miss the filing deadline because you have not yet managed to gather all your evidence.

Follow all of the instructions on the I-687 form and include the filing fee. If you like, include an application for employment authorization and the fee for that as well. All forms are available on the CIS website (see below).

When the entire packet is ready, keep at least one complete copy for yourself and mail the packet to the Chicago office, certified mail, return receipt requested.

Most questions are answered on the Center for Human Rights and Constitutional Law amnesty page: www.legalizationusa.org. Click on “late amnesty” on the left-hand side.

CSS or Newman (LULAC): http://uscis.gov/graphics/lawsregs/settlement.htm

LIFE Act: http://uscis.gov/graphics/services/residency/life.htm#legappl

Settlement documents are available at: www.uscis.gov, click on “legal notices and settlements” on the bottom right-hand side.

To get the I-687 go to http://uscis.gov/graphics/formsfee/forms/i-687.htm.

For more information you may also go to the CIS’s manual for its employees about the Newman, CSS, and LIFE Act procedures:
http://uscis.gov/lpbin/lpext.dll/inserts/afm_redacted/afm-95-redacted-6746?fn=document-frame.htm&f=templates&2.0
http://uscis.gov/lpbin/lpext.dll/inserts/afm_redacted/afm-95-redacted-6998?fn=document-frame.htm&f=templates&2.0

Zee · Member

Q: I filled the CSS case back in 1991, and I was awarded an alien number. Do I have to file the new I-687 form and pay a new filing fee? My case is with the immigration already and I have a work permit.

You must file a new I-687 with fee and supporting documentation.

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Q: I am currenly a student from West Africa , but I would like a worksheet concerning the Newman Class membership. How can I get one?

It's included with the I-687 application form, which you can download here: http://uscis.gov/graphics/formsfee/forms/i-687.htm.

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Q: What can I use as evidence of my residence?

Unless you have strong evidence of residence from 1981 to 1987-88, such as school records, medical records, taxes returns, etc., you should ask as many friends and family members as possible to sign a declaration attesting to your having lived continuously in the U.S. Declarations should be as detailed as possible; they should explain how the witness knows you, how long he or she has known you, and how frequently you’ve had contact over the period from 1981 to 1987-88. Most people support their applications with a mix of documents and declarations.

Go to the CHRCL’s amnesty page (see above) and use the Form to Gather Declarations. Read the instructions on the form.

Once you have the forms, give them to an attorney to prepare declarations for you to get signed by your friends and family members, or use the form to write the declarations yourself. Remember that the declarations must be signed by each friend or family member.

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Q: The CIS has demanded that my witnesses attach proof of identity and proof that the witness lived in the United States. Is this proper? What if my witness will not give me such proof?

Although it has no legal basis for doing so, the CIS consistently demands that declarants attach proof of their identity to their declarations. This can be a copy of the witness’s driver’s license or passport.

The CIS also often demands that the witness attach proof that he or she lived in the United States during the period 1981 to 1987-88. Again, there is no legal basis for this requirement, and you are entitled to support your application with declarations from people abroad who nevertheless know that you lived in the U.S. from 1981 to 1987-88.

You should submit a witness’s declaration even if he or she cannot or will not furnish proof of identity or residence.

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Q: I don’t know what a declaration should look like. Where can I get sample declarations?

You can request sample declarations from CHRCL’s Amnesty Coordinator by sending an e-mail to: lsfang@centerforhumanrights.org.

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Q: To apply under the new CSS or Newman (LULAC) settlements, do I use my old “A” file number, or will CIS assign me a new one?

Use your old “A” number every time you are asked to give an “A” number and also on any fees that you send it.

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Q: I’m filling out the I-687 and I have a complete list of my residences in the United States since 1981, but I don’t remember the exact months that I lived at each address. It’s been a long time. Is it enough to give just the year without the month?

If you applied for a CSS or Newman (LULAC) work permit many years ago, look at the form for the addresses from 1982 to 1988. Other than that, it’s probably okay to just put the year if you don’t remember the months. Remember that 1982 to 1988 is the critical period. Residence after 1988 is not important to your application.

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Q: What should I do if CIS sends me a notice of intent to deny?

If you have been sent a notice of intent to deny for either a LIFE Act application or a CSS or Newman (LULAC) application, you should send the CIS a letter, with return receipt requested, and ask for an additional 60 days to respond to the notice of intent to deny. You may request a sample letter by e-mailing CHRCL’s Amnesty Coordinator at lsfang@centerforhumanrights.org.

To see if you qualify under the LIFE Act, CSS, or Newman (LULAC), go to this page and see if you fall within the class definition: http://uscis.gov/graphics/lawsregs/settlement.htm

If you think that you qualify, go to the CIS page (see above) to obtain the I-687 application form. Use the I-765 form to apply for a work permit. Read the instructions on the form carefully.

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Q: How do I check the status of my CIS case online?

To check your immigration case status online, have your case number handy and refer to the CIS link: https://egov.immigration.gov/graphics/cris/jsps/caseStat.jsp;jsessionid=eggDC52x9-7f.

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Q: In question 39 on the new I-687 form, how should I answer if only certain sections of the question apply to me?

You could respond “yes” and circle the language that applies to you.

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Zee · Member

Q: My LIFE Act (or CSS or Newman/LULAC) application was denied because I did not provide enough evidence of my continuous residence (or was denied for any other reason). What should I do?

You have the right to appeal that decision to the Administrative Appeals Office, but you MUST file your appeal within 30 days of the final denial of your application. You are entitled to submit additional evidence of your having lived here as part of your appeal. To collect more, or better declarations from the people who already signed declarations for you, go to the CHRCL amnesty page and download the form to gather third party declarations (see above).

You must file your appeal within 30 days at the office that issued the final denial, with the fee. Also submit a cover letter addressed to District Director, CIS, and the address of the CIS office that sent you the denial. Put your “A” number somewhere in the letter. In the letter say:

I have attached my notice of appeal to the Administrative Appeals Office and the appropriate fee. I am requesting a copy of the Record of Proceedings and I intend to file additional evidence and a brief within 30 days after receipt of a copy of the Record of Proceedings.

The Notice of Appeal is an I-290 and can be obtained from the CIS web site. On question 2, check the bottom box and write in: Will submit additional evidence/brief upon receipt of copy of Record of Proceedings. In response to question 3, write:

1. I reserve the right to add additional issues on appeal following receipt of the Record of Proceedings I am requesting.

2. The denial is contrary to the terms of the law and is an abuse of discretion.

3. The denial fails to apply the correct preponderance of the evidence standard.

Be sure to keep a copy of everything that you submit to the CIS. If you walk in the notice of appeal, take a copy and ask a clerk to initial and date your copy as proof that you filed the notice of appeal. If you mail the notice of appeal, be sure that you keep a copy and mail the original by certified mail, return receipt requested. Remember, that the appeal MUST BE RECEIEVED WITHIN 30 DAYS OF THE DATE OF THE DECISION, NOT JUST POSTMARKED.

Q: My case is on appeal with the AAO and I want to a copy of the record of proceedings. How do I request that?

Write a letter to the Administrative Appeals Office in Washington, D.C. and say that you want a copy of the Record of Proceedings. Also state in the letter that you would like an opportunity to submit additional briefing or evidence within 30 days after being provided a copy of the Record of Proceedings. Send the letter certified, return receipt requested, and be sure to keep a copy of the letter.

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Q: I entered without inspection in 1981 and established a residence in the U.S. In 1984, I left briefly and came back with a student visa to return to my residence here. How should I answer question 9 on the I-690 Application for Waiver of Excludability?

You may answer as follows: “I briefly departed the U.S. in 1984 and returned improperly using a student visa. My use of the visa was improper because I was actually returning to my illegal residence in the U.S.”

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Q: I have a “known to the Government problem,” or I once applied under the Ayuda case, or when I came to the US before 1982, I came with a non-immigrant visa, what is my situation?

If a person entered legally with a visa before 1982, then to qualify (1) the I-94 must have expired before January 1, 1982, or if it didn’t, (2) the person must have violated his or her status before January 1, 1982, in a manner that was “known to the Government.” This could have happened, for example, if (1) the person worked without permission and had taxes withheld, or (2) if the person was here on a non-immigrant visa and failed to file quarterly address reports with the INS before 1982, or (3) if the person had a student visa and dropped out of school or took less than the required full load of units before 1982. If a person tried to apply for amnesty during the May 1987-May 1988 application period and was turned away because of a “known to the Government” problem, or filed on time and got denied because of a “known to the Government” issue, they will be able to apply under a new settlement in the IAP v. CIS case starting in a few months.

On the other hand, if a person briefly traveled outside the US after January 1, 1982, and then returned to their illegal residence in the US using a non-immigrant visa, that was an unlawful use of the visa and the entry did not break the applicant’s continuous unlawful residence. If they were turned away because they had briefly traveled abroad after 1981 and returned using a non-immigrant visa, they may apply under the LULAC-Newman settlement until December 31, 2005. If they were turned away because they briefly traveled abroad after November 6, 1986 without INS permission, they may apply under the CSS settlement, but only until December 31, 2005.

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Q: What are the requirements for filing a work authorization application (I-756) with my I-687 application?

The first I-765 is free if you were ever issued a work permit under CSS or Newman (LULAC) before and you file for a work permit along with your I-687. The eligibility category is (c)(22). Send the I-687 and the I-765 to the same address.

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Q: What should I do if I change my address?

All non-U.S. citizens living in the U.S. are required by law to provide their new addresses to the U.S. Citizenship and Immigration Service within 10 days of any change of address by using the AR-11 form. All forms may be downloaded from the CIS website (see above).

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Q: Where can I request a copy of the amnesty form that I filed in 1999?

It is very important to have a copy of the documents you previously filed with the INS because you want to make sure they are consistent with any new documents that you’re filing now. You can obtain a copy of your old INS files by filing a Freedom of Information Act (FOIA) request with the CIS. The form to use is available on the CIS website (see above).

The INS/CIS file should be in one place (usually the office closest to where the applicant lives). However, the applicant can submit more than one FOIA form (e.g., if you first applied under the CSS or Newman (LULAC) in one city and then moved to another city).

On the form, request a complete copy of your INS/CIS file, including any documents relating to your CSS or Newman (LULAC) application. Also attach proof of your identity, such as a copy of your driver’s license. It is best to mail in the form by certified mail and keep proof that you mailed it. Also keep a copy of whatever you submit to the CIS. It usually takes a few months to get a copy of your INS/CIS file. Once you obtain it, study it carefully to refresh your memory about where you lived and worked during 1982-1988. Also examine your file and declarations prepared by other people and make sure that the information about your date of first entry, places where you lived, and places where you worked are consistent.

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Q: I’ve filed a form I-687 (Newman) after my LIFE Act I-485 was denied because I couldn’t meet the english language and civics requirement. At my interview on my I-687 (Newman) application, the CIS officer told me that I need to pass the English and civics exam before I can get temporary residence. Is this correct?

No. Unlike the LIFE Act, an applicant for legalization under CSS or Newman/LULAC does not need to satisfy the English/civics requirement until the time of the interview for *permanent* residence. A legalization applicant is entitled to apply for permanent residence 19 months after receiving temporary residence. You need not satisfy the English/civics requirement now.

Also, there are three ways to satisfy the English/civics requirement under the LIFE Act or under the CSS and Newman/LULAC settlements: passing an in-person exam; completing a course certified for naturalization applicants; or being enrolled in a such a course.