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USCIS Update Nov. 3, 2008

USCIS SETS APPLICATION PERIOD IN NORTHWEST IMMIGRANT

RIGHTS PROJECT LEGALIZATION CASE

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that on Sept. 9,

2008, the U.S. District Court for the Western District of Washington entered an order approving the

settlement agreement in the Northwest Immigrant Rights Project (NWIRP) legalization case.

The NWIRP case is a class action lawsuit that involved claims by individuals who were unable to

apply or who were deemed ineligible for legalization under the Immigration Reform and Control Act

(IRCA) of 1986 because of issues as to whether unlawful status was “known to the government.”

The settlement agreement allows certain individuals who were unable to apply for legalization to apply

now for legalization. The settlement also allows certain individuals whose applications were denied

for certain reasons, to move to reopen their applications with USCIS for review under specified legal

standards. In addition, the agreement allows certain individuals whose applications remain pending to

alert USCIS to their cases.

The application period will be open for one year for individuals who meet specific criteria, including

entering the United States on a nonimmigrant visa prior to Jan. 1, 1982. The application period will

commence Feb. 1, 2009 and end Jan. 31, 2010. More information about the application process may

be found at local USCIS offices or online at www.uscis.gov.

Individuals who attempted, but were unable to file, an application under specific circumstances

between May 5, 1987 and May 4, 1988, must file a class membership application and an application

for legalization on Form I-687 (Application for Status as a Temporary Resident). Individuals who

filed during this filing period but whose applications were denied must file a class membership

worksheet, Form I-290B, and appropriate filing fee. Individuals who filed during this filing period and

have a pending application do not have to file another legalization application; however, they have the

option to file a class membership application in order to alert USCIS to the pending case.

The settlement agreement is not a new legalization or “amnesty” program. Only individuals who meet

specific criteria will be able to apply for immigration benefits under the agreement. Class members

may prepare and file their applications themselves or they may wish to seek the assistance of a

reputable attorney, or accredited representative. USCIS cautions class members to be cautious of

unscrupulous individuals (including certain immigration attorneys, consultants or “notarios”) and to

avoid anyone who guarantees the approval of an application for immigration benefits. Visit the

“Finding Legal Advice” section under “Services and Benefits” on the USCIS Web site for more

guidance on finding legal representation.

– USCIS –

AILA InfoNet Doc. No. 08110365. (Posted 11/03/08)