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The President Trump Immigration Thread
- Thread starter ArcadiaGP
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Mmmm. Maybe he should jump through the hoops to be a legal pillar.
He started, but then just quit. I guess it was too much work.
By the way, a friend of mine just a couple weeks ago passed his citizenship test, and will be taking the oath soon.
SheepDog4Life
Natural Gray Man
Friends, family rally behind West Frankfort restaurant manager detained by ICE | Local News | thesouthern.com
According to this article, he has already been in the process of doing so with an immigration lawyer, and has his application for sponsorship filed, with his wife as sponsor. She already gained her citizenship. Assuming he's been paying his taxes (and his two DUIs were "simple" DUIs), he'll likely qualify for the existing amnesty exceptions to stay while his paperwork is processed.
https://www.hermancain.com/pretend-journalist-jorge-ramos-says-illegals
They're stealing identities and falsifying documents, but it's "okay". Cause it's for our own good.
They're stealing identities and falsifying documents, but it's "okay". Cause it's for our own good.
Well, tell him I said congrats.
I will!
Just got around to reading your link, and it does have some different information - so thanks for that.Dude.
One clarification, though - I didn't see where it said he'll likely qualify for existing amnesty. I think it said, and this is consistent with my limited experience, that it depends on the discretion of an administrative judge. That's fundamentally different.
Do you think the judge - based on available facts - should let him stay and not have to leave the country?
SheepDog4Life
Natural Gray Man
My overall impression was that he was eligible for an existing program and that the two DUIs were not "automatic" disqualifying crimes with the question being whether or not the two DUIs 9-10 years ago would disqualify him under failing "good character".
I'm not a big fan of "this happened just as he was turning his life around," which is normally a load of horse manure. This case, however, it's a demonstrable fact that he accomplished the turn-around and became an ASSET to his community. I.e. demonstrated good character (probably his wife's fault, lol).
So yeah, I think he should qualify for the "exception" program... I do hope it doesn't come out he stole an identity, or evaded taxes... that would be a shame (but his responsibility).
That, and other stories, make me think of a saying, that of course I can not now find.
Basically, the expression goes something like...
The purpose of the justice system is actually to protect the criminal, or the accused.
When the public's faith in the justice system fails, vigilantism will take over. Criminals will face street justice. Accused will not be able to defend themselves.
So an "exception" program. I can work with that.
The cases I am familiar with have a many points in common with this guy. What's more, I don't think I know of a single case from personal experience where the person was truly a walk-across the border kind of illegal entry. More often it is some variation of legal entry/unlawful continued presence.
As I understand it, and the law in this area is byzantine, he doesn't so much qualify for a program as have an argument that his deportation would cause "undue hardship" for his family, which includes at least 1 citizen. The administrative judge decisions are rife with people who did not receive discretion, despite similar stories. I have the link somewhere, so I'll try to post it in case someone is interested.
In my barely-informed opinion, I'd put his chances at 50-50 with the admin judge. The hard part about that is that if the admin judge decides to deport, the appeal is nearly impossible to win.
But hey, if there is an organized program for this, I'd love to know about it.
The cases I am familiar with have a many points in common with this guy. What's more, I don't think I know of a single case from personal experience where the person was truly a walk-across the border kind of illegal entry. More often it is some variation of legal entry/unlawful continued presence.
As I understand it, and the law in this area is byzantine, he doesn't so much qualify for a program as have an argument that his deportation would cause "undue hardship" for his family, which includes at least 1 citizen. The administrative judge decisions are rife with people who did not receive discretion, despite similar stories. I have the link somewhere, so I'll try to post it in case someone is interested.
In my barely-informed opinion, I'd put his chances at 50-50 with the admin judge. The hard part about that is that if the admin judge decides to deport, the appeal is nearly impossible to win.
But hey, if there is an organized program for this, I'd love to know about it.
Based on? What information do you have that puts Ali in league with Carson and Lewis?This rings of the never substantiated claims by those like John Lewis and our own Andre Carson. N-words and being spit on, yet no one has any video in a sea of cell phones?
SheepDog4Life
Natural Gray Man
So an "exception" program. I can work with that.
The cases I am familiar with have a many points in common with this guy. What's more, I don't think I know of a single case from personal experience where the person was truly a walk-across the border kind of illegal entry. More often it is some variation of legal entry/unlawful continued presence.
Could that be because deportation for illegal entry is pretty hard/near impossible to fight? Fairly open-and-shut. Whereas overstaying a Visa is more susceptible to "lawyering". (and, by "lawyering" I mean that there isn't a straightforward case the defense is putting forward, rather a two or three dozen "hail Mary" arguments, each of which has to be addressed by both the prosecution and judge)
Please do... as it is, there are only two other "popular" anecdotal news stories: 1) the lady who was convicted of identity theft years ago who was taken into custody and deported when reporting for her "deferral" meeting with ICE, 2) and the "dreamer" whose most redeeming factor was his claims he wasn't a gang-member, though his tattoos say otherwise.
Just my, I am not a lawyer, opinion, but I think his odds are substantially higher than that IF HIS STORY CHECKS OUT. IF, just for a hypothetical example, he was a tax evader, started the process of obtaining LPR status through his wife's citizenship, but stopped because he would have to pay back-taxes and penalties, then his odds should be 0%, IMO. We have enough tax cheats in this country, we don't need to import more.
So, yeah, I agree 50-50 is about right, but that's only because it depends upon how legit his story is versus some whims of a judge.
I'm not nearly well-versed enough to offer that kind of opinion. I think the premise is sound: the cases lawyers are most likely to get consulted on are the ones where the people think they have a decent defense. So, the ones I'd most likely hear about directly are the ones where there are potential defenses.
Having said that, only a couple were brought to my attention professionally. The few others were in different, non-professional interactions.
So, here's the USCIS site for administrative decisions.
https://www.uscis.gov/about-us/dire...ppeals-office-aao/aao-non-precedent-decisions
They are non-precedential in the same way a trial court or other administrative hearing is - it is only binding on the parties. A different case with slightly different facts could have a different result.
I think the most fertile categories for sympathetic cases would be:
Petition for family member
Petition for adjustment of status to permanent resident
Application for waiver of inadmissibility
Application for temporary resident status
Application to adjust status from temporary to permanent
Petition to classify adoptee as immediate relative
Application for certificate of citizenship
But, it has been awhile since I looked into this, so there are a bunch of categories that I'm basically clueless about.
Also, the cases do not appear to be searchable, and you basically have to go to a certain year and randomly pick cases. Kinda like mid-1990s document storage technology.
Yeah, stories that are true AND sympathetic have a much greater chance of winning than false ones.
ETA:
Here's an odd case. Girl born in the UK to an American citizen and the mom was presumably UKian. Mom divorced (because of redactions, its difficult to determine of mom was married to US citizen dad, or someone else, which is awkward) and then later remarried another US citizen who adopted the girl. She was admitted as a LPR but sought a certificate of citizenship. (Not sure why she'd need that, unless maybe there was a problem with the LPR status after she turned 18 or 21 or something.)
Despite (apparently) being a child of a US citizen and adopted by a US citizen, she's not a US citizen.
https://www.uscis.gov/sites/default...ecisions_Issued_in_2015/FEB092015_01E2309.pdf
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