|Law Offices of Janet J. Greathouse
Immigration and Nationality Law
|INS Implements Court Order Involving Legalization
INS has announced publication of procedures to implement an Arizona federal district court's order in Proyecto San Pablo v. INS. This case involves a class action lawsuit filed by certain applicants for legalization in the late 1980's whose applications were denied or whose temporary residence was terminated. The court ordered that these applicants may request that the INS reopen their cases and issue a new decision while being protected against deportation and being eligible for work authorization until a decision is rendered.
This order applies to individuals who meet all of the following requirements:
1. Filed an application for legalization under section 245A of the Immigration and Nationality Act (the Act) between May 5, 1987, and May 4, 1988;
2. Filed an application for legalization under section 245A of the Immigration and Nationality Act (the Act) between May 5, 1987, and May 4, 1988 in Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming, and;
3. INS denied the application or terminated temporary residence under section 245A(g)(2)(B)(i) of the Act because, at some time during the period beginning before January 1, 1982, and ending on the date the application was filed, the applicant was outside the United States as a result of a departure under an order of deportation.
A notice and instructions on the procedure for obtaining a new decision on the legalization application may be found on the INS website at http://www.ins.gov/graphics/lawsregs/fr012903b.pdf.
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