Are There Any Bars to Eligibility for ABC Benefits if the Basic Eligibility Requirements Are Met?
Yes. The settlement agreement specifically excludes two classes of individuals from eligibility, even if they meet all the basic requirements, such as class membership, registration and asylum filing requirements. First, any class member who has been convicted of an aggravated felony, as defined in section 101(a)(43) of the Immigration and Nationality Act (INA) is ineligible for ABC benefits. Second, any class member who is apprehended at the time of entry into the United States, after December 19, 1990, is ineligible for ABC benefits. If you are otherwise eligible for ABC benefits, but a bar applies, USCIS will give you a letter explaining that you have been found ineligible for ABC benefits. The USCIS cannot remove you from the United States for 30 days from the date of that notice, unless the removal is based on an aggravated felony conviction. This is to give you time to challenge the finding if you think it is incorrect. Dependents If I Am Eligible for ABC Benefits, Are My Spouse
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