MAY 24, 2004
At last the final benefit of
the late amnesty cases will be available to all eligible immigrants from May 24,
2004 to May 23, 2005. In a Press Release issued by the U.S. Citizenship &
Immigration Services on March 23, 2004 all eligible immigrants are given a
period of one year to apply for their “green cards” under this program.
The CSS & LULAC cases which
were started in 1987 by lawyers acting for individuals who claimed eligibility
for amnesty under the Immigration Reforms and Control Act of 1986 will finally
be brought to a sound closure.
As stated in my earlier
articles through this medium and on my website, the following people are
eligible:
(A) All persons who were
otherwise prima facie eligible for legalization under S. 245A of the INA and who
tendered completed applications for legalization under S. 245A of the INA and
fees to an INS officer or agent acting on behalf of the INS, including a QDE,
during the period from May 5, 1987 to May 4, 1988, and whose applications were
rejected for filing because an INS officer or QDE concluded that they had
traveled outside the United States after November 6, 1986 without advance parole
“(B) All persons who filed
for class membership under Catholic Social Services V. Reno, CIV No.
S-86-1342LKK (ED. Cal), (or LULAC/NEWMAN) and who were otherwise prima facie
eligible for legalization under S. 245A of the INA, who, because an INS officer
or QDE concluded that they had traveled outside the United States after November
6, 1986 without advance parole were informed that they were ineligible for
legalization, or were refused by the INS or its QDEs legalization forms, and for
whom such information, or inability to obtain the required application forms was
a substantial cause of their failure to timely file or complete a written
application”.
The good thing about the
settlement is that the door is open to people to apply newly to become members
of the Late Amnesty cases and at the same time apply for work authorization,
parole and green card. Old members of the Late Amnesty cases could apply for
green card, work authorization and parole with evidence of their membership.
It appears that the
requirement for documentary proof of physical presence in the United States from
January 1, 1982 was relaxed under this settlement. The combination of
affidavits, some documentary evidence with adequate knowledge of events that
occurred in the United States during the period in question might suffice.
I recommend that all
applicants who were denied “green cards” under the LIFE Act should apply. If you
have a pending LIFE Act application, you are also advised to apply because you
might have a better chance under the settlement than under the LIFE Act.
Applicants with pending Front-Desk Questionnaires are also advised to apply.
To apply, new class members
are to complete the membership application form, Form I-687 Application for
Status as a Temporary Resident, Form I-765 Application for Employment
Authorization, attach proof of eligibility and submit them to the U.S.
Citizenship & Immigration Services P.O. Box 850876, Chicago, IL 60680-4200. The
processing time is controlled by the Settlement Agreement. All applicants should
receive response from the USCIS within 90days and a decision should be made
within 180 days.
The benefits of applying
under the settlement cannot be overemphasized, according to the Center for Human
Rights & Constitutional Law, “the settlement provides binding guidance as to how
and when the CIS must process class members’ legalization applications. The
settlement provides that class members may establish eligibility for
legalization by way of declarations, and not only by original documents. The
settlement also provides class members the right to appeal to “special master,”
a judicial officer with the authority to correct the CIS errors in the event the
agency does not decide a class member’s legalization application promptly,
fairly, and in accordance with the settlement’s guidelines.”
My office will begin
accepting applications for green card under late amnesty cases immediately, but
will not file for our clients until the commencement date of May 24, 2004.
Please avoid the rush, call my office for appointment to enable us evaluate your
eligibility. Don’t forget new people are allowed to join to become members and
apply for green card.
All LIFE Act applicants and
Front-Desk Questionnaire applicants are encouraged to apply. This might be your
last opportunity to obtain your green card.
Please note that this article
is for your information only and should not be construed as legal advice. This
article should not be substituted for a complete legal advice.
Please contact my office, if
you need immigration assistance concerning the late amnesty or the settlement.
My book “Green Card
Interview: Dos & Don’ts” will help you regarding any interview with the
immigration. Every immigrant family must have a copy. The book is available
through my office for $19.99 plus $2 for shipping & handling, please forward
your check of money order to my office for $21.99, you will get the book in the
mail within 5 days. You may order through my website, wwww.lawyerfamuyide.com or
on Amazon.com. The book is your gateway to your green card. Do not attend any
immigration interview without it.
Joseph Rotimi Famuyide,
Esq.
2750 Atlantic Avenue,
Suite 100
Brooklyn, New York 11207
718-647-6767
E-mail:
jfamuyide@aol.com
