Amnesty Applicants Beware
December 12, 2005
Unfortunately, these developments are also creating an opportunity for unscrupulous people to cash in on the false hopes of many other undocumented aliens who would do anything to legalize their status.
Background
Under the IRCA, undocumented aliens were eligible to apply for legalization if they had lived unlawfully in the US from before January 1, 1982 until some time between the amnesty program’s application period, which was May 5, 1987 to May 4, 1988 (the “Application Period. “
The then-Immigration and Naturalization Service (INS) drew up certain illegal requirements for application. Many legalization applicants were turned away during the Application Period because of such requirements even if they were otherwise qualified.
Others simply did not bother to apply in light of the refusal of the INS to accept applications that did not meet its requirements.
Two class action suits were filed: Catholic Social Services, Inc. (CSS) v. Tom Ridge and Newman (LULAC) v. USCIS). The Los Angeles-based Center for Human Rights and Constitutional Law (CHCRL), the non-profit organization that represented the plaintiffs in the class action suits was able to come up with a settlement agreement with the USCIS in 2004.
This essentially allowed the legalization applicants who had been previously and illegally turned away by the INS to apply or reapply between May 24, 2004 and May 25, 2005. The deadline was later moved to December 31, 2005.
The foremost benefit of class membership in the LULAC / CSS class action suits is that they can apply for temporary residence, employment permit, permission to travel and certain so-called Family Unity benefits. Those who are granted temporary residence are eligible to apply for green card under IRCA
As a measure of protection, undocumented aliens may seek the advice of an attorney as to whether they may are qualified or not before jumping into the dangerous bandwagon of applicants under the CSS / LULAC settlement agreement.
CSS Class Members
To be considered a CSS class action member, the person must meet the following requirements: (a) s/he lived unlawfully in the US from before January 1, 1982, until some time during the Application Period when s/he attempted to file the application for amnesty and application fee with the INS (the “Residency Requirement,” for brevity); (b) the INS or its representative refused the application because the applicant traveled outside the US after November 6, 1986 and returned without INS permission; and (c) applicant was otherwise eligible for legalization.
A person is also considered a CSS class action member if: (a) s/he (his/her parent or spouse) applied for employment permit under the CSS case and (b) during the Application Period, the INS or its representative refused the application because the applicant traveled after November 6, 1986 and returned without INS permission, or was refused legalization forms because of such travel or inability to get those forms resulting in the failure to file an application; and (c) applicant was otherwise qualified.
LULAC Class Members
To be considered a Newman (LULAC) class action member, the applicant must meet the Residency Requirement but his/her application was refused by the INS because s/he returned to the US from travel abroad with a visitor’s visa, student visa or any other type of visa or travel document, even if the applicant was otherwise eligible for legalization.
A person is also considered a Newman (LULAC) class action member if: (a) s/he (his/her parent or spouse) applied for employment permit under the Newman (LULAC) case; and (b) during the Application Period was turned away by the INS or its representative because s/he returned to the US from travel abroad with a visitor’s visa, student visa or any other type of visa or travel document, or was refused or unable to procure the legalization forms from the INS because of such travel; and (c) the applicant was otherwise qualified.
Applicants Beware
Perhaps it is a testament to the ills that afflict our immigration system that many undocumented aliens easily fall prey to schemes that include fraudulent applications under the CSS/ LULAC class action settlement agreement. Since there is no other avenue for legalization, these undocumented aliens take the dangerous path of misrepresentation and fraud.
One who engages in fraud such as by misrepresenting facts in the documents submitted may not only be subject to civil and criminal penalties. S/he may eventually be deported.
Undocumented aliens are usually approached by fixers who promise to get a green card. These fixers fill out the forms themselves with false information, particularly with respect to the Residence Requirement.
With the deadline for the CSS / LULAC Class Membership applications nearing, there will be more frenzied attempts to deceive gullible undocumented aliens. The USCIS is aware of the proliferation of fraud and has responded accordingly by issuing Notices of Intent to Deny (NOID), which require the submission of additional evidence within 30 days. Many cases have been reportedly denied.
Before proceeding any further, applicants must pause to consider the risk of committing fraud for the sake of legalizing their status because with immigration law, as with most other things, the means do not justify the ends. In fact, using fraudulent means could get them into deeper trouble.