Q: What are the benefits of the ABC billing agreement? A: Guatemalans and Salvadorans who are entitled to benefits under the Agreement are entitled to the following benefits: If an ABC class member is not eligible for ABC benefits for a given reason, the ABC class member should consult with an experienced immigration lawyer to determine if there are reasons why he or she can successfully challenge this provision. In the context of the issue of low asylum rates, recent ill-treatment of Salvadoran migrants by the INS, as was done in the Orantes-Hernandez/Smith case. Among the abuses was the detention of Salvadoran migrants without informing them of their right to asylum, and it encouraged them to sign papers for their voluntary departure, often when the migrants did not understand what they were signing. Other cases also involved excessive violence, the provision of false information and the threat of detainees refusing to sign with pain.  This situation has become an important evidence of the discrimination arguments and has strengthened the applicants` case against the existing breaches of the INS. Q: What is a 5 communication? A: The ABC billing agreement required the government to inform some people of the agreement. This notice is referred to as Notice 5 and was sent at the end of July 1995. You may not be eligible for ABC benefits, even if you meet these conditions, if you have been convicted of a serious crime, or if you were arrested at the time of entry after December 19, 1990. Registered ABC class members whose asylum claims were rejected prior to the ABC scheme were entitled to de novo asylum interviews for a new assessment of the right to asylum in accordance with the scheme. However, they were not required to request such a new consultation and evaluation in order to qualify for ABC benefits. An ABC class member applying for asylum is entitled to a work permit without taking into account the “non-frivolous” standard for obtaining a work permit that existed under the 1990 provisions, provided that the class member pays the general fee. If the class member does not pay the tax, the application is reviewed according to the “non-frivolous” standard.
USCIS is required to make a final decision on the work permit application within 60 days and, in the absence of such a finding within that time, the ABC class member is entitled to an immediate work permit.