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LateAmnestyFAQ
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.
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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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:
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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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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.
