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Blank Spaces Rejection Policy - Settlement Agreement

  • Organization: Northwest Immigrant Rights Project, National Immigration Litigation Alliance, Van Der Hout, LLP
  • Document Type: Settlements
  • Date Created: Wednesday, July 07, 2021
  • Attachment(s): PDF

Note: The settlement will not be final and effective until the district court approves it.

1) Anybody who has had their I-589 or I-918 applications (and applications/petitions related to the I-918) rejected pursuant to the No Blank Spaces rejection policy will be able to recapture the date of the original filing and this date will control for all purposes, including determining eligibility for derivative relationships, aging out, the one-year deadline for asylum applications, and employment authorization eligibility. For a definition of the policy, please see the attached settlement agreement.

2) USCIS has identified over 43,000 asylum applications and over 17,000 U visa petitions rejected under this policy. USCIS will send out notices to those people within 90 days following the district court's approval of the Settlement Agreement. But others who are not identified may still submit their proof of prior rejection under this policy to demonstrate eligibility for relief under the settlement.

3) After we filed suit, USCIS agreed to rescind the policy (as of December 22, 2000). There may have been additional rejections following this recission, however. Any applicant who had their application rejected based on the rescinded policy (that is, after December 22, 2020), will still benefit under this agreement if they demonstrate it was rejected pursuant to this policy. The process for making this showing is set forth in the settlement agreement.

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