By Kuldip Singh Kasure Attorney at Law

The applicants whose applications for temporary resident status as a Special Agriculture: Worker have been denied should file Notice of Appeal in trip licate with the Director of Regional Processing Facility from where they received denial notice. They should not file appeal with the Legalization Office where they had interviews. The No tice of Appeal must reach at the Regional Processing Office within 30 days from the date of the decision and not within 30 day from the date the applicants receive the denials.

I strongly recommend that you must make arrangement the submit the appeal within the 3 days’ time period even though you do not have supporting documents because there is NC EXTENSION on the 30 day time to appeal. You may where filing an appeal enclose a request for extension of time to submit additional documents at a late date. The appeal must be signed by the appellant or his/her at tourney or authorized representative. You must also enclose: $50.00 filing fee either by money order, check or cash.

I highly recommend that you must attach your brief (Arguments) as to why you think you case should be approved. Please give reasons for filing an appeal the deficiencies in the Director’: decisions, statement of facts, discussion about your evidence and the reason you think could lead to approval of your application.

The Federal Court has recently ruled in favor of Special Agricultural Workers and there seems to be good chances that your appeal could be approved.

The recent decision from the Director of Legalization Appeal Unit have been remanding cases to the Director, Regional Processing Facility to enter new decisions. The cases which were denied on the suspicion of fraud or false writings have also been remanded. The cases which were denied because applicants could not produce employer work record or pay stubs and or federal income tax returns have also been remanded because Director of Legalization Appeal Unit ruled that the deficiencies of these records in no way could be the sole reason to deny the application, the other evidence such as affidavits must also be considered. The decision demanded from the Director of Regional Processing Facility to reconsider the supporting documents.

The appeals are complicated and I recommended that the applicant should seek the assistance of an immigration attorney.

Note: Kuldip Singh Kasur is an Attorney at Law, admitted to practice in New York, Pennsylvania and the Supreme Court of United States of America. He has wide range of experience in handling immigration matters.

Any question regarding legal matters could be addressed to Kuldip S. Kasuri c/o World Sikh News.

The article discusses general issues. For individual cases please ‘consult an attorney.

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Article extracted from this publication >> September 23, 1988