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I thought H-1B’s were dead!

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have heard that H-1B’s were all used up for this fiscal year on the very first day. I have my Masters in Business Administration and was hoping to get an H-1B. Is there anything I can do?

Answer: Actually, there have been new H-1B provisions which have been passed by both the House and the Senate. It is simply awaiting signature by the President of the United States to make it law. It was actually passed inside of an Omnibus Budget Bill.

The new H-1B laws are entitled the ‘H-1B Visa Reform Act of 2004’. Now an employer must pay $1,500 to have an H-1B petition filed. If the employer has less than 25 employees, then the employer will only be required to pay $750.00. Additionally, there is a ‘Fraud Fee’ for both H’s and L’s of $500. Apparently, there is a big concern about fraudulently filed H’s and L’s and now everybody who files such applications must pay $500 which will go to a specific unit to investigate such fraud.

Next, the prevailing wage to be paid must be 100% (not 95%) of what is normal for the industry. However, the law now mandates that instead of the currently listed two tier wage for experience, there should be a four tier level of experience to determine the wage.

The Department of Labor will be able to conduct and initiate investigations into what it believes are employers violating the H-1B provisions.

In regards to your situation, now people who earn Master’s or higher degree from a U.S. institution are now exempt from the H-1B cap. There is a limitation of 20,000 per year for this exemption. Thus, assuming this is signed into law, it would help you for the next fiscal year. This is certainly a step in the right direction.

Question: There are certainly a lot of fees that have been added. Where are all of those fees going to go?

Answer: The distribution of money will be as follows: Job training- from 55% to 50%; Scholarship program- from 22% to 30%; National Science Foundation grant program for K-12 Math. Science and Technology education- from 15% to 10%; DHS processing from 4% to 5% and DOL processing maintained at 5%. The scholarships for computer science or other technology or science programs are increased from $3,125 to $10,000.

The most important provisions changing the H-1B program seem to be the exemption of persons with Master’s and higher education in the U.S. This will actually free up 20,000 more H-1B’s per year for everyone else. While this is not nearly enough, it is certainly a good start.

Filed under: H-1B, Immigration, Immigration Law, immigration provisions, USCIS | Tagged: , | Leave a comment »

If I stay, I will be killed

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I live in a country that is very dangerous. It is not democratic and I decided to protest against the government in order to try to make some democratic changes. I was in a protest rally. Unfortunately, the government sent its soldiers out and killed many people. I escaped. However, the government suspects that I was in the protest rally (as well as distributing e-mails and other pro-democracy pamphlets.) I am now afraid for my life. I went to the United States Consulate in my home country and got a visa to the United States I basically lied and said I just wanted to visit the United States I was desperate to get out of the country. Now I am in the United States Is there anything I can do?

Answer: You can certainly apply for asylum in the United States Asylum provides a haven in the United States for certain persecuted people of the world. The Attorney General may grant asylum to aliens present in the United States who have been the subject of persecution in their home country. Because of the broad rights granted to asylees, and concern that many people who apply for asylum do not actually qualify for it, all asylum applicants must meet stringent substantive and procedural requirements.

Question: How can I qualify for asylum?

Answer: To establish eligibility for asylum, you must show that you are a refugee. The term ‘refugee’ means any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Therefore, asylum is not just for those who apply for ‘political’ asylum. The United States opens the doors to persons whom are subjected to religious, nationality and other categories of persecution.

Question: I have not actually been persecuted in the past. I am just deathly afraid to go back because of what will happen to me. Is this a problem?

Answer: No. If you can show that you have a well founded fear of future persecution, then it is not necessary to show past persecution. If on the other hand, you were able to show past persecution, then it is presumed you will suffer future persecution. Thus, you have more of a hurdle to get over, but if you will be persecuted upon your return to your home country, you are certainly eligible to apply for asylum.

Question: If I am granted asylum, can my wife and children come to the United States with me and will I be able to work?

Answer: After an alien is granted asylum, he or she is called an asylee. His or her spouse and children may be granted permission to reside in the United States. An asylee will receive appropriate authorization to enable him or her to work in the United States. Finally, because asylum is a temporary status, the asylee can apply for other, more permanent, types of status in the United States.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: Immigrant Visa, Immigration, Immigration Law, immigration provisions | Tagged: | Leave a comment »

Door is Closed for Professionals

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I came here on a visitor visa 3 months ago and now I would like to apply for the H-1B. What must I do?

Answer: Unfortunately, you are too late for this years allotment. As of October 1, 2004, all H-1B’s have been allotted for the next fiscal year until October 1, 2005. Thus, as unfair as it seems, the day the new year’s allotment was opened, it was shut off and closed.

The H-1B Cap prohibits U.S. Employers from hiring global talent On October 1, 2004. USCIS officials announced that the H-1B cap on visas for highly educated foreign professionals had been reached. Unless Congress takes action before the end of the 108th session, employers will be barred from hiring new H-1B foreign professionals for an entire year. Essential action would include exempting from the H-1B numerical cap graduates from U.S. universities who have earned a Master’s degree or higher. Such a rational solution to this crisis would help ensure a workable H-1B program that would give U.S. employers access to the talent they need and help retain jobs in America. A select number of H-1B professionals are graduates from U.S. top universities’ Master’s and PhD programs. In the graduate-level math and sciences programs, foreign nationals represent roughly half of all graduates. Prohibiting access to these world-class minds raises troubling issues. Not only would U.S. employers miss out on American-educated talent, but we would be handing this talent to our competitors abroad. Indeed, foreign countries are updating their immigration policies to attract this highly educated talent, making the competition to retain the best and the brightest that much more difficult for the United States to win. The exhaustion of this fiscal year’s visa numbers also has made it more difficult for Americans to receive needed services. For instance, it is not commonly known that H-1B professionals serve as doctors, teachers and researchers, and work to develop products and services that improve the lives of Americans. H-1B professionals include psychologists and special education instructors who work with the mentally challenged, engineers who design tunnels and subway corridors that can withstand terrorist attacks, and biomedical researchers central to the fight against cancer, AIDS and other diseases. Without access to these highly educated foreign professionals, America will suffer. Not only will our ability to provide benefits to our own citizens be diminished, but the glow of American innovation that results from having access from the world’s brightest minds may be forever dimmed.

Question: Are there any other options?

Answer: There are other types of nonimmigrant visas such as the O, E, L, and other H’s. You should definitely look into those other options and not go out of status.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: H-1B, Immigration, Immigration Law, Nonimmigrant Visa | Tagged: | Leave a comment »

I can get my Green Card back after having a deportation order?

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I was young and committed in a crime in 1994. Even though I had my Green Card for years, I was put into deportation proceedings in 2001 and was ordered deported. I am still in the U.S. Is there anything I can do?

Answer: The Department of Justice (Department) published a proposed rule to permit certain lawful permanent residents (LPRs) to apply for relief under former section 212(c) of the Immigration and Nationality Act, from deportation or removal based on certain criminal convictions before April 1, 1997. Certain LPRs who plead guilty or nolo contendre to crimes before April 1, 1997, may seek section 212(c) relief from being deported or removed from the United States on account of those pleas. Under this rule, eligible LPRs currently in immigration proceedings (and former LPRs under a final order of deportation or removal) who have not departed from the United States may file a request to apply for relief under former section 212(c) of the Act, as in effect on the date of their plea, regardless of the date the plea agreement was entered by the court. This rule is applicable only to certain eligible aliens who were convicted pursuant to plea agreements made prior to April 1, 1997.

Question: I have already lost at the Board of Immigration Appeals and am now appealing to the Circuit Court. What must I do at this point?

Answer: Based upon the regulations, you should request that the Circuit Court hold the case without processing it. Simultaneously, you should file a Motion to Reopen the case under 212(c) under this special rule to the Board of Immigration Appeals. If granted, the Board of Immigration Appeals will send the case back down to the Immigration Judge for hearings on 212(c).

Question: I have a friend in a similar situation who was actually deported back to his home country. Will he qualify to make the Motion to Reopen?

Answer: Under the new regulations, the answer is no. Unfortunately, the logic of the regulations is that they could have asked for various federal court relief or a stay of deportation, and therefore, their cases are closed and are no longer eligible for 212(c) relief.

Question: What if a person had a jury trial instead of pleaing guilty?

Answer: Again, they do not qualify for this 212(c) Motion to Reopen. They must have plead guilty, no contest or nolo contendre. There are other ways of fighting the battle to try to get 212(c) relief in federal courts. However, a straight forward Motion to Reopen will not work.

Question: Is there a time deadline in which to apply?

Answer: Yes. There will be a window of 180 days to apply. If you are unsure as to the exact date, you should get your motion filed as soon as possible.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: Immigrant Visa, Immigration, Immigration Law, immigration provisions | Tagged: , | 26 Comments »

Have $1,000,000 for a Green Card?

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I am a wealthy businessman and would like to find some expedited way to get into the U.S. Can you let me know if there are other alternatives to the lengthy several year Labor Certification process?

Answer: The Immigrant Investor Pilot Program (“Pilot Program”) was created on October 6, 1992. This is a variation of a program known as the EB-5 Investor Program. The Pilot Program began in accordance with a Congressional mandate aimed at stimulating economic activity and creating jobs for U.S. workers, while simultaneously affording eligible aliens the opportunity to become lawful permanent residents. Through this innovative program, foreign investors are encouraged to invest funds in an economic unit known as a “Regional Center.” A Regional Center is defined as any economic unit, public or private, engaged in the promotion of economic growth, improved regional productivity, job creation and increased domestic capital investment. Presently up to 3000 immigrant visas are set aside each year for the Pilot Program. As of June 1, 2004, a total of 26 Regional Centers have been designated by the legacy Immigration and Naturalization Service (INS) and today, the U.S. Citizenship and Immigrations Services (USCIS).

Question: What must I do to get an approval for a Regional Center?

Answer: The basic requirements for Regional Center designation are 1) Applicants must show how their proposed program will focus on a geographic region; promote economic growth through increased export sales, if applicable; promote improved regional productivity; create a minimum of 10 direct or indirect jobs per investor; increase domestic capital investment; be promoted and publicized to prospective investors; have a positive impact on the regional or national economy through increased household earnings; and generate a greater demand for business services, utilities maintenance and repair, and construction jobs both in and around the center.

Question: How much must I invest?

Answer: The capital investment requirement for any EB-5 investor, inside or outside of a Regional Center is $1 million. The capital investment requirement for an EB-5 investor in a Targeted Employment Area (TEA) or a Rural Area (RA) is $500,000. A TEA is a geographic area or political subdivision located within a metropolitan statistical area or within a city or town with a population in excess of 20,000 with an unemployment level at least 150% of the national unemployment rate. A RA is a geographical area that is outside a metropolitan statistical area, or part of the outer boundary of any city or town having a population of 20,000 or less as shown by population indicators. In certain areas involving a sparsely populated state, an approved statewide Regional Center likely encompasses both TEAs and RAs.

Thus, if you can establish the business in a TEA or RA, you will be able to save $500,000 of the investment. If approved, you will get a conditional Green Card which will allow you be a Lawful Permanent Resident. Then within two years you must file a petition to remove the conditional residency. The USCIS wants to make certain that you simply did not put down $1,000,000 and then not actually follow through with your business. However, this is certainly a much faster way of obtaining the Green Card if you qualify.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: Immigration, Immigration Law, immigration provisions, Nonimmigrant Visa | Tagged: , | Leave a comment »

Past Persecution: You can still get Asylum

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I was persecuted in the past in my home country. The government came after me because I was a political activist and I spoke out about the corruption of the government. They brought me to prison, ransacked my home and threatened to tortured me and my family. I barely escaped to the United States and am now claiming asylum. However, the government has changed and they are unlikely to persecute me on the same grounds as in the past. In fact, while I will still suffer certain retribution by certain persons, I will not actually be persecuted based upon political opinion if I return to my home country. Do I still have a chance to win asylum in the United States?

Answer: Previously, you would have little chance of winning asylum. However, there has been a new regulation issued which addresses this very issue. The new provision provides for discretionary grants of asylum to victims of past persecution who no longer reasonably fear future persecution on account of a protected ground upon removal to his or her home country. Such an applicant “may be granted asylum, in the exercise of the decision maker’s discretion, if . . . [t]he applicant has established that there is a reasonable possibility that he or she may suffer other serious harm upon removal to that country.” In other words, an applicant who (1) is a legitimate victim of past persecution and (2) demonstrates a reasonable possibility of “other serious harm” upon deportation, is eligible for asylum under the new regulation. This regulation will come into effect when the Immigration has presented evidence to show that there are changed country conditions (in your favor) or that you can find some safe harbor somewhere in your home country.

Question: What will qualify for “other serious harm”?

Answer: First, the Justice Department now believes it is appropriate to broaden the standards for the exercise of discretion in such cases. For example, there may be cases where it is appropriate to offer protection to applicants who have suffered persecution in the past and who are at risk of future harm that is not related to a protected ground. Therefore, the rule includes, as a factor relevant to the exercise of discretion, whether the you may face a reasonable possibility of “other serious harm” upon return to your country of origin or last habitual residence. As with any other element of an asylum claim, the burden is on you to establish that such grounds exist and warrant a humanitarian grant of asylum based on past persecution alone.

Therefore, it is now within the discretion of the Immigration Judge and the Board of Immigration Appeals to grant asylum to victims of past persecution whose fear of future persecution has been rebutted if you can show (1) “compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution,” OR (2) “a reasonable possibility that you may suffer other serious harm upon removal to that country. At this point it is not clear what is meant by “other serious harm”. However, it is a lessening of your burden in proving asylum when you can show the past persecution.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: Immigration, Immigration Law, immigration provisions | Tagged: , | Leave a comment »

Can I Petition My Adopted Sister?

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: How Do I Bring a Sibling to Live in the United States?

Answer: This information is for U.S. citizens who wish to bring a sibling to live permanently in the United States. Only U.S. citizens can bring their siblings to live permanently in the U.S. Lawful Permanent Residents can not.

First, you must know exact how the USCIS defines a sibling. A sibling is a brother, sister, stepbrother, stepsister, or adopted brother or sister. For the necessary sibling relationship to exist, each person must have been a child of at least one of the same parents. The siblings need not share the same biological parents as long as both became “children” at the appropriate time (before the age of 16 in cases of adoption, and before the age of 18 for stepchildren).

Question: What must I do since I am eligible to petition my sister?

Answer: A legal immigrant (or “lawful permanent resident”) is a foreign national who has been granted the privilege of living and working permanently in the United States. There is a three-step process for your brother or sister to become a legal immigrant: 1. The USCIS must approve an immigrant visa petition that you file for your brother or sister. Keep in mind that the USCIS is not actually ruling on these petitions until a visa number becomes available. 2. The State Department visa bulletin must show that a sibling immigrant visa is available to your sibling, based on the date that you filed the immigrant visa application. 3. If your brother or sister is outside the United States when an immigrant visa number becomes available, your brother or sister will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa. If your sibling is legally inside the U.S. when an immigrant visa number becomes available, he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

Question: How long must I wait for the visa number to become current?

Answer: Depending on the relationship and the country involved, the wait for an available sibling visa number may be several years. Unfortunately, for people from Mexico and the Philippines, the wait can be as long as 20 years.

Thus, keep in mind that many people such as your sibling sister may be able to come to the United States with an employment based visa much faster. If she has a college degree, she may be able to get an H-1B. She could also get an employer to sponsor her for a Labor Certification which would not take nearly as long.

Filed under: Family Petition, Immigrant Visa, Immigration, Immigration Law, immigration provisions | Tagged: , | Leave a comment »

LULAC and CSS are back!

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the U.S. for many years. Years back I applied under LULAC and was rejected. I know that there have been court cases on this matter for years. Is there any hope that it will come back or that I will be able to apply under CSS again?

Answer: You are right about the years of court cases. This matter, Catholic Social Services or LULAC has been up and down the court system for years. These types of applications were also known as legalization applications. Now, the U.S. District Court in Sacramento has approved a settlement agreement for persons who were previously rejected for certain reasons. This means, that if you fall under the provisions of the settlement agreement, you might be able to successfully apply for LULAC again in order to obtain Lawful Permanent Residency.

Question: Who is covered under the LULAC settlement agreement?

Answer: 1) You had to live in the United States unlawfully from before January 1, 1982, to a date between May 5, 1987, and May 4, 1988, when you went to an office of the Immigration Service or a Qualified Designated entity to apply for legalization.

2) You, your parent or your spouse visited an INS office or Qualified Designated Entity between May 5, 1987, and May 4, 1988, to apply for legalization.

3) The INS or QDE told you that you were ineligible for legalization because you had traveled outside the United States without INS permission. You, your spouse or your parent returned to the United States with an immigration issued document such as a Student Visa, Visitor Visa or some other Immigration issued document.

4) You do NOT need to have previously “registered” as a LULAC class member or even had a completed application. However, you did need to go the QDE in the specified time period.

Question: What type of evidence do I need to present to win under this LULAC Settlement agreement?

Answer: Clearly, many people do not have the original documents, or even any stamped documents from Immigration. Usually, if the former INS had rejected the application because of what is known as ‘front-desking’, the person was just turned away. Thus, it is not possible in many instances for an applicant to prove that they were rejected. However, the LULAC settlement specifically states that persons who fall under this settlement 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 a “special master,” a judicial officer with the authority to correct the CIS’s 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.

Question: When can I apply for this?

Answer: The settlement provides that CIS must begin accepting legalization applications no later than May 24, 2004, but the government might decide to begin the one-year application somewhat earlier. This means that individuals will likely have until May 23, 2005, to apply for legalization under the settlement.

Question: Is there any other previous amnesty related provisions that this settlement agreement is applicable toward?

Answer: Actually there are others. Catholic Social Services is another program that is applicable to this settlement agreement. There are a couple of differences. First, you would have had to travel outside the U.S. without authorization after November 6, 1986. Second, you returned to the U.S. without permission.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: Immigrant Visa, Immigration, Immigration Law, immigration provisions, LULAC | Tagged: , | Leave a comment »

Can I Substitute in another employee?

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: My Company was petitioning in an employee for the Labor Certification. We have waited years for this employee to come and work for us. However, last month he told us that he was no longer interested in the job. We feel somewhat betrayed as we waited all this time for his Labor Certification to go through. It has been certified by the Department of Labor and we do not now have an employee for the position. Must we completely start over?

Answer: Actually, it is not necessary that you start all over with another future employee. As you know, the Labor Certification is a procedure whereby a person can be petitioned by an employer for future employment. For those that cannot be petitioned through a family member, this is often the best way to eventually get a Green Card or Lawful Permanent Residency. However, as I am sure you have discovered, the employer and the employee have to cooperate for several years for the eventual success of the Labor Certification.

Now that you have an approved Labor Certification for your company, normally you would file the Employment Petition and then the Adjustment of Status application or the Consulate Processing application if the person is outside the U.S. However, since your future employee is no longer wanting or willing to go through with the rest of the procedure, you would normally have to start over the entire process from the beginning.

However, there is an exception. If you can find another future employee who has the same basic qualifications and will work in the same position, then you can substitute in this employee.

Question: What exactly do you mean to ‘substitute’ in the new employee?

Answer: This term is exactly what it refers to. Without starting from the beginning, another person can just jump into the shoes of the previous employee (who no longer wants to continue) and start from where he left off. This means, you do not need to do another Labor Certification, nor do you need to wait all those years to continue. You simply continue forward with the new employee.

Question: This sounds too good to be true. Why would the law allow this?

Answer: It is because the Labor Certification itself does not really have anything to specifically do with the employee. The Labor Certification process merely shows that there are no qualified workers to fill the position. Therefore, when the job has been certified by the Department of Labor, it means that there has been successful proof that that particular job cannot be filled. Thus, if you find another person seeking to work for you to fill the position with the same qualifications, he or she can now just continue. This is a very useful, but not very well known provision that permits you to do this. If you do everything correctly, you should have a new employee working for you in a very short time.

Filed under: Immigration, Immigration Law, immigration provisions, Labor Certification, PERM | Tagged: , | Leave a comment »

Is CSS Still Alive?

Posted on December 9, 2009 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Question: I have been in the U.S. for many years. Years back I applied under CSS and was rejected. I know that there have been court cases on this matter for years. Is there any hope that it will come back or that I will be able to apply under CSS again?

Answer: You are right about the years of court cases. This matter, Catholic Social Services or CSS has been up and down the court system for years. These types of applications were also known as legalization applications. Now, the U.S. District Court in Sacramento has approved a settlement agreement for persons who were previously rejected for certain reasons. This means, that if you fall under the provisions of the settlement agreement, you might be able to successfully apply for CSS again in order to obtain Lawful Permanent Residency.

Question: Who is covered under the CSS settlement agreement?

Answer: 1) You had to live in the United States unlawfully from before January 1, 1982, to a date between May 5, 1987, and May 4, 1988, when you went to an office of the Immigration Service or a Qualified Designated entity to apply for legalization.

2) You visited an INS office or Qualified Designated Entity between May 5, 1987, and May 4, 1988, to apply for legalization.

3) The INS or QDE told you that you were ineligible for legalization because you had traveled outside the United States without INS permission.

4) You do NOT need to have previously “registered” as a CSS class member. However, IF you did NOT apply for a CSS work permit, then you must also have had a complete legalization application and fee when you went in to apply for legalization. If you ever attempted to get a CSS work permit–even if the INS refused to give you a work permit–then it is NOT required that you had a complete application and fee when you went in to apply for legalization.

Question: What type of evidence do I need to present to win under this CSS Settlement agreement?

Answer: Clearly, many people do not have the original documents, or even any stamped documents from Immigration. Usually, if the former INS had rejected the application because of what is known as ‘front-desking’, the person was just turned away. Thus, it is not possible in many instances for an applicant to prove that they were rejected. However, the CSS settlement specifically states that persons who fall under this settlement 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 a “special master,” a judicial officer with the authority to correct the CIS’s 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.

Question: When can I apply for this?

Answer: The settlement provides that CIS must begin accepting legalization applications no later than May 21, 2004, but the government might decide to begin the one-year application somewhat earlier. This means that individuals will likely have until May 20, 2005, to apply for legalization under the settlement.

Brian D. Lerner is an Immigration Attorney Specialist. This firm does every aspect of immigration law including family and employment based petitions, deportation defense and criminal related immigration issues, asylum, naturalization, appeals, nonimmigrant visas, immigrant visas, and all other areas of immigration law. An appointment can be made by calling (866) 495-0554 or (562) 495-0554. The Firm website is www.californiaimmigration.us.

Filed under: CSS, Immigration, Immigration Law, immigration provisions, LULAC | Tagged: , | Leave a comment »

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