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Proyecto San Pablo v INS

The Immigration and Naturalization Service (INS) published in the Federal Register on January 20, 2003 a notice implementing the class action judgment in Proyecto San Pablo v INS, No. Civ 89-456-TUC-WBD (D. Ariz). On June 24, 2003, USCIS notified the public by Federal Register Notice of the court's replacement of the FOIA request form.

On June 6, 2007, the District Court issued an order which is posted below.  The notice sent to class members in August, 2007 is posted below.

The following are a number of clarifications to the notice of August 6, 2007:

  • Any class member who files a motion to reopen on Form I-290B, pursuant to the terms of the Court’s June 6, 2007 Order, must pay the current fee for a motion to reopen, or submit a request for a waiver of the filing fee pursuant to 8 C.F.R. § 103.7(c).
  • Class members who filed motions to reopen prior to the Court’s May 4, 2007 Order that are still pending do not have to resubmit a new motion to reopen or submit fees for subsequent extension of their employment authorization documents.
  • Class members who wish to file a waiver application must use Form I-690, and pay the required fee; however, there is no requirement that class members file a waiver application, or that class members who previously filed a waiver application file a new waiver application.
  • After February 29, 2007, no filing fee is required for class members’ initial applications for employment authorization or renewal of such employment authorization.
  • Any class members who have applied for employment authorization, and are requested to submit their biometrics at an Application Support Center (ASC), will be required to pay the biometric services fee (currently $80).

USCIS will withhold the re-adjudication of the legalization applications ofclass members who properly submit motions to reopen pursuant to the Court’s 2007 Orders and who either submit or have submitted accompanying waiver applications that are the subject of this lawsuit, until the resolution of the appeal pending before the Ninth Circuit Court of Appeals.

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Last Reviewed/Updated: 03/28/2008