NEW AMNESTY SETTLEMENT – BUT DON’T APPLY UNLESS YOU ARE TRULY ELIGIBLE!

By Michael J. Gurfinkel, Esq.

The Los Angeles Times recently reported that the government has settled a class-action lawsuit involving the 1986 amnesty program, (commonly known as the “CSS/LULAC” amnesty). Many people are getting excited, and want to apply.

The reason I am writing about this settlement is that many people who are NOT eligible for the amnesty program, may be tricked by immigration consultants into applying, by submitting falsified applications regarding their date of entry into the U.S., supposed “violations,” etc., in the hopes of fooling USCIS and obtaining work authorization.

Under that program, certain aliens were eligible to apply for amnesty if:

• they were in the U.S. before January 1, 1982;
• fell out of status between 1982- 1988; and
• the fact that they fell out of status was “known to the government”

Under the settlement, aliens whose amnesty cases involved immigration violations that were “known to the government” (i.e. the INS was aware they were out of status) may apply for amnesty between February 1, 2009 and January 31, 2010.

However, in order to be legitimately eligible for this amnesty program, the person had to have been in the U.S. before January 1982, and remained in illegal status up until about 1988. If you did not enter the U.S. before January 1982, then you would not be eligible.

I recall one person attempted to apply for this amnesty, and couldn’t understand why her application was denied. The problem was that she was born in 1984, but was seeking amnesty based on her being in the U.S. before 1982! There are many ways for USCIS to discover that you were not in the U.S. before 1982. For example, if you claim you were in the U.S., but went to college in the Philippines, there is a record of your graduation there after 1982, which the U.S. government will find. Or, if you had children in the Philippines, their births are registered with the local civil registrar and National Statistics Office. So, if you gave birth in the Philippines in the 90’s, how could you have been in the U.S. before 1982?

I know that people often become desperate to get “legal” by any means possible, and without any questions asked. You may come across friends, immigration consultants, or shady characters, urging you (like the snake in the Garden of Eden) to take a “bite” out of this amnesty program. But if you apply when you are not qualified, not only will you be denied, but you will also “wake up” the Department of Homeland Security, alerting them to the fact that you are in the U.S. illegally and not entitled to any immigration status. Then, rather than making your situation better, you will have made it worse.

That is why it’s important that you seek the advice of a reputable attorney, who can analyze your situation and advise you of the legitimate ways, if any, to legalize your status. If you are not eligible, don’t apply!