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Old 05-07-2011, 09:25 PM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
Reputation: 601

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Quote:
Originally Posted by chicagonut View Post
I believe they all deserve deportation but with the possibility of returning within our laws if they haven't crossed the border more than once illegally which is a felony...
This individual would be unable to return for ten years if they lose the "Cancellation of Removal" (bars for illegal presence over a year). They would also have to come up with a method that they could use to immigrate, when no other way has been found so far. And if the marriage is still going, USCIS looks at it again as "immigrant intent".

Irony being that USCIS defines the marriage that way, but still doesn't recognize it for what it is...

I believe that if anyone qualifies to plead their case in immigration court, more power to them...

But the system is overloaded, and delayed beyond belief...

My advise, had they been so inclined, and able to do so, would have been to adopt a child together. That is the valid relationship that would have put them through the "Cancellation of Removal". The child would have a perceived hardship to move to Ireland (the U.S. citizen "spouse" could refuse them to leave the United States).

Then they just wait out five years as a Legal Permanent Resident, and naturalize...
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Old 05-07-2011, 09:37 PM
 
14,307 posts, read 11,144,640 times
Reputation: 2130
Quote:
Originally Posted by IBMMuseum View Post
This individual would be unable to return for ten years if they lose the "Cancellation of Removal" (bars for illegal presence over a year). They would also have to come up with a method that they could use to immigrate, when no other way has been found so far. And if the marriage is still going, USCIS looks at it again as "immigrant intent".

Irony being that USCIS defines the marriage that way, but still doesn't recognize it for what it is...

I believe that if anyone qualifies to plead their case in immigration court, more power to them...

But the system is overloaded, and delayed beyond belief...

My advise, had they been so inclined, and able to do so, would have been to adopt a child together. That is the valid relationship that would have put them through the "Cancellation of Removal". The child would have a perceived hardship to move to Ireland (the U.S. citizen "spouse" could refuse them to leave the United States).

Then they just wait out five years as a Legal Permanent Resident, and naturalize...
I am sure the presence of so many millions of illegal aliens in our country has contributed immensely to our overloaded and delayed immigration court system.

I am not real knowledgeable about the laws in this particular case or others and I really don't have much interest in discussing all the ins and outs of legal immigration either. This is the illegal immigration forum and whatever our laws state in regards to that is all I am interested in.
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Old 05-07-2011, 10:16 PM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
Reputation: 601
Quote:
Originally Posted by chicagonut View Post
I am sure the presence of so many millions of illegal aliens in our country has contributed immensely to our overloaded and delayed immigration court system...
Not really, almost all I-601 cases process outside the United States. Marriages between U.S. citizens and illegal aliens (opposite sex) are usually going to try that if they can, because it doesn't have the time requirements like "Cancellation of Removal", and is more likely to be successful in those defined channels. Nationalities from Iran (no State Department relationship currently), Pakistan, Indonesia, and Albania have the longest wait times in immigration court, with the backlog at a record high in December (estimated at 268,000 pending cases).

Quote:
Originally Posted by chicagonut View Post
...I am not real knowledgeable about the laws in this particular case or others and I really don't have much interest in discussing all the ins and outs of legal immigration either. This is the illegal immigration forum and whatever our laws state in regards to that is all I am interested in.
This particular case is an illegal alien. "Cancellation of Removal" is deportation proceedings, and usually involves illegal aliens. Still very much on-topic, whether you participate or not.
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Old 05-08-2011, 07:37 AM
 
14,307 posts, read 11,144,640 times
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Quote:
Originally Posted by IBMMuseum View Post
Not really, almost all I-601 cases process outside the United States. Marriages between U.S. citizens and illegal aliens (opposite sex) are usually going to try that if they can, because it doesn't have the time requirements like "Cancellation of Removal", and is more likely to be successful in those defined channels. Nationalities from Iran (no State Department relationship currently), Pakistan, Indonesia, and Albania have the longest wait times in immigration court, with the backlog at a record high in December (estimated at 268,000 pending cases).



This particular case is an illegal alien. "Cancellation of Removal" is deportation proceedings, and usually involves illegal aliens. Still very much on-topic, whether you participate or not.
Regardless, our laws are what they are in regards to illegal aliens and deportations. If you think they are unfair then seek change but that is no reason in the meantime to advocate for being illegally in our country and expecting our laws to be bent for them as they are written today.
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Old 05-08-2011, 08:15 AM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
Reputation: 601
Quote:
Originally Posted by chicagonut View Post
Regardless, our laws are what they are in regards to illegal aliens and deportations. If you think they are unfair then seek change but that is no reason in the meantime to advocate for being illegally in our country and expecting our laws to be bent for them as they are written today.
Immigration courts and I-601 are a natural part of the process, and I support their roles in the system. For the most part, it operates well enough on the resources it has. There has not been any dramatic changes over many years, and the judgements are consistent with what they were decades ago.
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Old 05-08-2011, 09:01 AM
 
47,576 posts, read 58,699,632 times
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Quote:
Originally Posted by IBMMuseum View Post
Immigration courts and I-601 are a natural part of the process, and I support their roles in the system. For the most part, it operates well enough on the resources it has. There has not been any dramatic changes over many years, and the judgements are consistent with what they were decades ago.
You seem completely opposed to the enforcement of immigration laws when it comes to one particular large group of illegals. Yet for some reason you're hell bent on having the laws enforced on this one particular guy.

Maybe you are a homophobe? Or maybe against European illegals? You sure seem to be in favor of no enforcement of the laws when it comes to certain types. Then it's throw open the border and let them all come on over.
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Old 05-08-2011, 09:22 AM
 
Location: Jacurutu
5,302 posts, read 4,009,391 times
Reputation: 601
Quote:
Originally Posted by malamute View Post
You seem completely opposed to the enforcement of immigration laws when it comes to one particular large group of illegals. Yet for some reason you're hell bent on having the laws enforced on this one particular guy.

Maybe you are a homophobe? Or maybe against European illegals? You sure seem to be in favor of no enforcement of the laws when it comes to certain types. Then it's throw open the border and let them all come on over.
No, review my responses to see that I support this person having a chance in immigration court. I am not a homophobe, and try to be as open-minded and tolerant as I can. The largest theme you will see from me on this topic is that I realize USCIS will absolutely not recognize any civil union for admission as an immigrant.

But things do change, and cases establishing precedent are always needed...

Not all that long ago, Down Syndrome was grouped with unrelated mental illnesses, and inadmissible...

I had also prompted for what would be determined for the length of time for a valid marriage, whether it was same-sex or opposite. The judgement needs to be applied equally for everyone. Immigration cases always have their individual basis, but has to have the process defined by oversight.
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Old 05-08-2011, 09:29 AM
 
47,576 posts, read 58,699,632 times
Reputation: 22158
I think we can all admit that it's odd that millions after millions of illegals are allowed to go on and stomp their feet and demand amnesty, have no compunction about showing up to get their food stamps and WIC and are provided free government housing, smuggle in their children who demand free college and easy citizenship -- but how strange that they find this one guy to deport.

And the open borders crowd wants no enforcement of any kind on the bulk of illegals, but if they can manage to find a European illegal it's okay.

ALL illegals should be deported, if some can take it to court and actually have a valid case, fine - let them pay lawyers and fight deportation, but as most have no case, they should be deported in the end.
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Old 05-08-2011, 12:46 PM
 
Location: New Hampshire
4,827 posts, read 4,645,479 times
Reputation: 3583
Quote:
Originally Posted by malamute View Post
I think we can all admit that it's odd that millions after millions of illegals are allowed to go on and stomp their feet and demand amnesty, have no compunction about showing up to get their food stamps and WIC and are provided free government housing, smuggle in their children who demand free college and easy citizenship -- but how strange that they find this one guy to deport.

And the open borders crowd wants no enforcement of any kind on the bulk of illegals, but if they can manage to find a European illegal it's okay.

ALL illegals should be deported, if some can take it to court and actually have a valid case, fine - let them pay lawyers and fight deportation, but as most have no case, they should be deported in the end.
Where is Luis Gutierrez when you need him?

Oh nevermind, the illegal in this case is the wrong color.. oops.
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