Staying Legal : A Guide to Phase 2 of the Immigration Amnesty Law : How to Appeal Your Case

Has your application for legalization been denied? Don’t give up hope. There is a good chance of winning your case on appeal.

The law recognizes your right to appeal an adverse judgment by the INS. But you have only 30 days from the denial of your application to file the appeal. You have the right to obtain a work permit for the duration of the appeals process.

Reason for Denial

The most common reasons for which the INS denies the applications for legalization are:

- Lack of documentation.

- Prolonged absence from the country--more than 45 days at one time and/or more than 180 days since January, 1982, up to the date of the filing of the application.

- Commission of criminal offenses.

- False information in the application, in the filed documents or in the interview.

Getting Help

It is highly recommended that you seek the help of an attorney to make an appeal. At first glance the appeals process may appear to be simple, but it requires specialized legal work. After filing the appeal, a written legal argument and a series of proofs must be presented to the INS. Do not go to a notary public or a bogus “expert in legal matters.”

Some private agencies may also be able to help you file an appeal. Some may help you free of charge. In other cases, an appeal can cost hundreds of dollars.

The legal agency Public Counsel has information about attorneys and others who can handle your case. The telephone number is (213) 487-0910.

Forms and Fee

In case your 30-day limit is running out and you have not obtained an attorney, you can start the initial proceedings yourself. The appeal must be made by filing Form I-694. On the form, you can ask for more time to obtain legal assistance. But the government must receive the form by the 30th day. Either take the form and a $50 money order to an INS office or send it by certified mail to the following address:

INS Legalization Regional Processing Facility

P.O. Box 30040

Laguna Niguel, Calif. 92677

Attn.: Legalization Appeals