Federal Agencies, Agency Memos & Announcements

USCIS Enters into Proposed Settlement Agreements in CSS and LULAC Cases

2/18/04 AILA Doc. No. 03120245.

CSS Cases

  • All persons who were otherwise prima facie eligible for legalization under § 245A of the INA, and who tendered completed applications for legalization under § 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.
  • All persons who filed for class membership under Catholic Social Services, Inc. v. Reno, CIV No. S-86-1343 LKK (E.D. Cal.), and who were otherwise prima facie eligible for legalization under § 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.

LULAC/Newman Cases

The settlement affects the rights of the following two groups of immigrants who are entitled to object to the proposed settlement:

  • All persons who are prima facie eligible for legalization under the 1986 IRCA who attempted to file a completed application and application fee with the Immigration and Naturalization Service ("INS"), or a Qualified Designated Entity (“QDE”), between May 5, 1987, and May 4, 1988, but had the application and fee refused because they had traveled outside of the United States and returned with a visitor’s visa, student visa, or any other type of visa or travel document.
  • All persons who applied for a work permit under the LULAC/Newman case, who are otherwise prima facie eligible for legalization under the 1986 IRCA, and visited an INS or QDE office between May 5, 1987, to May 4, 1988, to apply for legalization without a complete application and fee but were informed by an INS officer or QDE employee that they were ineligible for legalization because they had traveled outside of the United States and returned with a visitor’s visa, student visa, or any other type of visa or travel document, or were refused by the INS or its QDEs legalization forms on account of that travel, 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.

Cite as AILA Doc. No. 03120245.