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question to houston about INA and disregarding deportation order

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  • ZOZO
    replied
    Houston & Jean

    Now it is clear that who are inside USA right now will be waived for 212(a0(6)(c). what will happen all those guest worker who will paticipate from outside????

    ---zozo

    Leave a comment:


  • jean2005
    replied
    Got this out of the specter's bill
    --------------
    Section 202(a)(2) provides that the amendments made by Section 202(a)(1) will apply to
    all aliens subject to a final administrative removal, deportation, or exclusion order that
    was issued before, on, or after the date of enactment of the Act.
    -----------
    don know whats in 202(a)(2) so i cant commen on it...does anyoone know where i could find the definitions of those section? secions like 202(a)(2) and many others..im really interested in looking at them.

    Leave a comment:


  • jean2005
    replied
    I also notice this:

    ------
    Noncitizens in removal proceedings will be given the opportunity to apply for H-5B adjustment, and this opportunity must also be afforded to
    individuals apprehended after enactment but before regulations establishing the H-5B adjustment procedure have been promulgated. Noncitizens
    with final orders of exclusion, deportation, or removal also may apply for H-5B adjustment, and they do not need to file a separate motion to reopen
    their proceedings.
    --------------

    I want you expert to lock on the very last sentence of the paragraph above where it says " and they do not need to file a separate motion to reopen"...Now ive been readin immigration law a bit and there are certain things that i do get , for example..If you are schedule for a court hearing, and you dont show up, then you are ordered removed on absentia + your case get close.....Now this last sentence seem to explain that you wont need to ask INS to re-open your case in which you skipped hearing date and you would just be able to adjust your status even when a FINAL order was entered because you didnt show up <-------------- am i reading this wrong??

    Leave a comment:


  • jean2005
    replied
    this is what i noticed when reading the kennedy/mccain bill
    --------
    ¨ Applicants must show that they are "admissible," except that grounds of inadmissibility that relate to undocumented status are not applicable, and
    most grounds can also be waived, except for security grounds and most criminal grounds. INA sections 240B(d) (the bar to adjustment for
    noncitizens who fail to timely comply with a voluntary departure order) and 241(a)(5) (reinstatement of removal) would not apply to noncitizens applying for H-5B adjustment.

    -------

    I couldn understand the statement above because im not an immigration experts, so can someone please help me wih it..

    Does it says that skipping court hearings is inadmisable?

    Remember the O.T.M a.k.a other-then-mexicans that were afraid to show up to court because of fear of deportation?..Ive spoken to a few people and they havent been able o ive me an answer on immigration law that could apply to them.

    Leave a comment:


  • jean2005
    replied
    what do you mean by your last statement@HOUSTON?

    Did Kyl read the **** bill or he's just trying to filubuter the bill or like i said, maybe the new compromising bill didnt have those wording that eliminites this group from applying.

    Leave a comment:


  • Houston
    replied
    Maybe that's why the bill was amended by the SJC.

    Leave a comment:


  • jean2005
    replied
    This is what the specter's bill says:
    -------------------------------------------

    *In addition of a person arriving after the cut off date(january 4 2006), many thousands of others would be INELIGIBLE for a variety of reasons including but not LIMITED to having been ordered removed in he past;not departing after agreeing to depart voluntarily, failure to attend removal hearings,encouraging or aiding in any way another person entering unlawfully, and for other reasons.
    In addition, there are other grounds that would make individuals not eligible unless they obtained a waiver from DHS.These waiver can be difficult if not impossible to obtain
    ---------------------------------------

    so this clears up everything about people that skipped immigration hearings being able or ineligible to apply to any guest worker program.

    But why would kyl add amendments that states provisions that are already in the specter's bill?? or maybe the hagel/martinez does not have those provisions?

    the specter bill clearly says felon, deportees etc etc wont be able to apply.

    Leave a comment:


  • jean2005
    replied
    Ok thx for the link..After looking over the first draft of the specter's bill, i noticed that this bill DOES indeed EXCLUDE people that skipped immigration hearings,ignored FINAL deportation order, and people that double-crossed- meaning all the mexicans that had been intercepted once trying to cross the border, got deported, but after second try, they were successful<-------the specter's bill does exclude this group from applying.

    Leave a comment:


  • Houston
    replied
    This is my simple description of the bills that received some degree of attention during the last week:
    - H.R. 4437: we all know about this one.
    - The Frist bill: Similar to H.R. 4437 but a little softer on illegal presence (mostly to quiet down the media avoiding the term "felony").
    - Specter Bill, Chariman's mark: Very similar to the enforcement provisions of the Frist bill but with a limited GWP.
    - Committee Bill: The final product of the Senate's Judiciary Committee study of the Specter Bill. This bill included the Kennedy/McCain GWP and the DREAM Act.
    - Hagel/Martinez amendment: Amended the Specter Bill, more liberal approach to the GWP with a time-sensitive trigger.

    Leave a comment:


  • Houston
    replied
    The link takes you to the Chairman's mark. This is the original Specter Bill. But that bill evolved into the SJC bill, also called the committee bill, the Specter substitute or simply the Specter bill, as amended by the entire committee. That "modified" Specter bill was the bill that was discussed on the Senate's floor.

    Leave a comment:


  • ELJEFE
    replied
    Hey Jean2005: Try this http://www.immigrationforum.org/docu...aryCIRMark.pdf

    Never mind.

    Leave a comment:


  • jean2005
    replied
    Okay i read the hagel/martinez bill on the website that was provided above and i noticed that it says that all the "specter substitute" provision are included in the hagel bill but did not name them so i would like to take a look at the specter's bill.

    Does anyone know where i could view the entire specter's bill on the internet..I want to study it and analyze its wordings.

    Leave a comment:


  • Houston
    replied
    The obvious recomendation would be to get law enforcement involved. This is not legal advice but a comment based on common sense. No immigration benefit is worth risking your life for.
    You should also hire an attorney to help you explore the avenues of relief.

    Leave a comment:


  • illegals imms. rights
    replied
    Houston,

    With my friend being involved in a marriage that contains domestic violence would she be better off to let him leave the country first and then file against him or file before he leaves and let the judicial system deal with him? She is in fear of her life, not severely, but enough. Now if she does leave the country with him, she is extremely afraid of what he will be able to do. Any recomendations?

    Leave a comment:


  • jean2005
    replied
    yes, this is why it would be very important for a lot of people to follow closely if the kyl's amendment would be implemented because , if it is implemented, then this would kill the chance of millions from applying and this is kyl's intents, which is very sad..He wants to desperatly cut off as many people as posible...3 misdemeanor could be simple civil offenses like jaywalking etc etc.

    im still looking for the new hagel/martinez entire bill...isnt it suppoe to be online somewhere?..i heard it's a 500+ page document. i guess its not online.

    Leave a comment:

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