Disclaimer: This Q & A is for informational purposes only, and should not be considered legal advice.  For those seeking an immigration attorney, please contact AILA’s Lawyer Referral Service by phone (1-800-954-0254) or email (ILRS@aila.org).  

1.      Does the new law create an amnesty program?

NO.  Nothing in the new law should be considered an amnesty.  One section of the law effects a group of cases known as “late amnesty” cases, but this law does not provide a new amnesty.  The “late amnesty” section of the law only allows a specific group of people who were told that they did not qualify for the 1986 amnesty to submit an application for permanent residency, if they can still prove they are eligible.  This new law will only apply to those people who were involved in one of three lawsuits against the INS.  The three cases are: CSS v. Meese; LULAC v. INS; or Zambrano v. INS.

2.      Who is qualified to apply under the “late amnesty” law?

The new law allows a very specific group of people who were class members of lawsuits against the INS to be able to apply for permanent residency (a green card).  In order to have their application approved, a person must be able to prove ALL of the following things:

·        On or before October 1, 2000, they filed a written claim for membership in one of three lawsuits against the INS (CSS v. Meese; LULAC v. INS; or Zambrano v. INS), AND

·        They entered the United States before January 1, 1982 and resided continuously in the United States in an unlawful status until May 4, 1988, AND

·        They were continuously present in the United States from November 6, 1986, until May 4, 1988, AND

·        They are not ineligible for permanent residency (a green card) because of certain types of criminal convictions, previous deportations, failure to register under the Military Selective Service Act (if required to do so), or other conduct for which no waiver is available, AND

·        They are able to pass a basic citizenship test in English, or can show that they are enrolled in a course or program that teaches the basic citizenship skills.

Brief trips out of the United States during the qualifying period do not mean that the person is ineligible, and not every conviction or deportation will prevent someone from being approved. 

As always, it is important that people talk to an attorney or an organization that has been certified by the INS to provide immigration assistance to find out if they qualify under the new law. 

3.      How will someone know if they registered for class membership in one of the lawsuits against INS before October 1, 2000?

There is no requirement that the "written claim" must have been filed on any particular application form, only that the written claim have been filed "pursuant to court order".  Many people who filed a written claim for class membership have been recognized by INS as class members.  Some may have received a letter from INS stating that the request for class membership has been approved.  Many will have received work authorization pursuant to a court order.  Other people who filed a written claim for class membership received letters from INS stating that their request for class membership has been denied.  All of these documents can be used to prove that the person filed a written claim for class membership.

Remember, the new law does NOT require that INS has approved a written claim for class membership. The law requires only that a written claim for class membership be FILED before October 1, 2000.  There are many people who may be eligible for the "late amnesty" law even though INS denied their claim for class membership.

Anyone who thinks that they submitted a written claim for class membership should immediately request a copy of their INS file by submitting a request under the Freedom of Information Act (FOIA) provisions.  A review of INS records by an attorney, or an organization that has been certified by the INS to provide immigration assistance, may reveal that a written claim for class membership was filed in one of the three designated cases.  However, these records are not always complete or accurate.  It is possible that INS has lost the documents that were submitted to claim class membership.  People should also bring any paperwork that they have to an attorney, or an organization that has been certified by the INS to provide immigration assistance, to see if evidence of a request for class membership exists.  At this time it is not clear how INS will treat applicants who say that they filed a written claim for class membership, but who are not able to produce copies of the documents submitted to claim class membership.

4.      What evidence can be used to prove that someone was in the United States during the qualifying dates?

In order to have their application approved, a person must be able to prove two very important things:

1.      They entered the United States before January 1, 1982 and resided continuously in the United States in an unlawful status until May 4, 1988,

and

2.      They were continuously present in the United States from November 6, 1986, until May 4, 1988.

Anyone who believes that they meet these qualifications should try to collect as many documents as possible to support their claim.  There are many different types of documents that can be used to prove eligibility.  Some suggestions include: pay stubs or records of employment; rental receipts or lease agreements; utility bills or phone bills; bank records or receipts for purchases; drivers license records or titles to automobiles; insurance records; hospital or doctors records; birth certificates of children born in the U.S.; school records for children who attended school in the U.S.; records from churches; union records or proof of membership in other organizations. 

In many cases, documents proving residence between 1982 and 1988 may have been lost or destroyed.  If the person has no documents then they may be able to prove their case using declarations or affidavits from people who can verify that they were in the United States during this time.  The affidavits should provide detailed information about how they know the applicant, where the applicant lived, and other information that will help make the affidavit more credible.

5.      If someone is eligible, does the law provide any benefits to their family?

Yes.  Some family members of eligible applicants will be entitled to live and work in the United States.  To be eligible, they must prove:

·        They are the spouse or minor child of a person who is eligible for permanent residence (a green card) under this law, even if no “late amnesty” application has been filed or approved,

and

·        They entered the United States before December 1, 1988 and resided in the United States on that date.

and

·        They have not been convicted of a felony or three misdemeanors in the United States at any time.

Until the INS establishes rules and procedures for the new law, we do not know how or where these applications will be submitted.

6.      When can someone apply for the “late amnesty” program?

The INS has not issued any rules or procedures for taking applications under the new law.  Without those rules there is no way to apply for this program.  Eligible applicants can, however, begin gathering the documents and other proof they will need to prove that they qualify. 

After the government establishes the necessary rules and procedures, eligible applicants must submit an application for permanent residence (a green card) within one year.  The clock for the one-year deadline will start on the first day that the government issues rules on how these applications will be made.  The new law says that the government must issue those rules by April 21, 2001.  If they meet that deadline, eligible people must submit their application by April 21, 2002.

7.      What happens if INS tries to deport someone before they file an application or before their application is approved?

Since the INS is not currently accepting applications under the new law, people who have evidence that they meet the requirements of the law may be able to stop their deportation even if they have not filed an application.  After INS starts accepting applications, anyone who files an application that appears to be valid may also be able to avoid deportation until their application is approved or denied.  Anyone who is able to avoid deportation because of his or her eligibility under this law will also be eligible for work authorization.

Until the INS establishes rules and procedures for the new law, we do not know how much evidence a person must have in order to be protected from deportation. 

8.      Will applicants be granted work authorization while their application is being considered?

Yes.  Anyone who files an application that appears to meet all of the qualifications will be entitled to work authorization until their application is approved or denied.  Until the INS establishes rules and procedures for the new law, we do not know how much evidence a person must have in order to be eligible for work authorization. 

9.      Can the INS use the information in my application to deport me?

No.  The information in an application for “late amnesty” is confidential and cannot be used by the INS to deport the person who submitted the application.  However, false or fraudulent information in the application can be used to bring criminal charges against the person who submitted the application.  After an application is approved, the INS may also be able use the information in the application to take away any permanent residency (green card).

10. Can people apply for “late amnesty” from outside of the United States?

Yes.  It is possible that some people will be eligible to apply under this law even if they have been living outside of the United States for many years.  In order to consider the claims of these people, the INS is required to develop a process for people to submit applications from outside of the United States.  These applications must meet the same requirements as applications submitted by people inside the United States. 

Until the INS establishes rules and procedures for the new law, we do not know how or where these applications will be submitted.

21AD1001

02/20/01

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