GENERAL QUESTION ABOUT THE NEW BILL S 2611

[Tomy]

READ THIS AND I WANT TO KNOW IF ITS GOOD FOR PEOPLE HERE EVEN LESS THAN 5 YEARS ?
I HAVE LULAC CASE ON PROCESS , IF THE NEW LAW WILL PASS CAN I WITHRAW MY OLD APPLICATION AND START PROCESS UNDER THE NEW BILL (IF PASS) OR I HAVE TO WAIT UNTIL FINAL DICESION ABOUT MY LULAC CASE (CUZ ITS NOT MOVING FORWARD THAT FAST).

ALSO , WHAT ABOUT PEOPLE WHO GET FINAL DENIDE ABOUT LULAC CASE ? THEY CAN APPLY UNDER THE NEW BILL ? OR THEY HAVE TO LEAVE ?

THANK YOU.

Here is the section im talking about.

SEC. 245C. MANDATORY DEPARTURE AND REENTRY.
`(a) In General- The Secretary of Homeland Security may grant Deferred Mandatory Departure status to aliens who are in the United States illegally to allow such aliens time to depart the United States and to seek admission as a nonimmigrant or immigrant alien.
`(b) Requirements- Notwithstanding section 244(h), an alien desiring an adjustment of status under subsection (a) shall meet the following requirements:
`(1) PRESENCE- The alien shall establish that the alien--
`(A) was physically present in the United States on January 7, 2004;
`(B) has been continuously in the United States since such date, except for brief, casual, and innocent departures; and
`(C) was not legally present in the United States on that date under any classification set forth in section 101(a)(15).

[Tomy]

READ THIS AND I WANT TO KNOW IF ITS GOOD FOR PEOPLE HERE EVEN LESS THAN 5 YEARS ?
I HAVE LULAC CASE ON PROCESS , IF THE NEW LAW WILL PASS CAN I WITHRAW MY OLD APPLICATION AND START PROCESS UNDER THE NEW BILL (IF PASS) OR I HAVE TO WAIT UNTIL FINAL DICESION ABOUT MY LULAC CASE (CUZ ITS NOT MOVING FORWARD THAT FAST).

ALSO , WHAT ABOUT PEOPLE WHO GET FINAL DENIDE ABOUT LULAC CASE ? THEY CAN APPLY UNDER THE NEW BILL ? OR THEY HAVE TO LEAVE ?

THANK YOU.

Here is the section im talking about.

SEC. 245C. MANDATORY DEPARTURE AND REENTRY.
`(a) In General- The Secretary of Homeland Security may grant Deferred Mandatory Departure status to aliens who are in the United States illegally to allow such aliens time to depart the United States and to seek admission as a nonimmigrant or immigrant alien.
`(b) Requirements- Notwithstanding section 244(h), an alien desiring an adjustment of status under subsection (a) shall meet the following requirements:
`(1) PRESENCE- The alien shall establish that the alien--
`(A) was physically present in the United States on January 7, 2004;
`(B) has been continuously in the United States since such date, except for brief, casual, and innocent departures; and
`(C) was not legally present in the United States on that date under any classification set forth in section 101(a)(15).

[Freedom1]

How did you applied under Lulac if you only have less than 5 years in the USA?

hmm.

Freedom1

[Tomy]

Ive been here in 1981 and stay for few years and left on late 1989 and came back again.
than left on 2003 and came back again.

anyway now im here less than 5 years and I can prove that better than I was a kid.

I submit with my appliation prove for present in the us on 1981.

Do you understand my question ? do you have any answare for me ?

[caliguy]

I believe you actually made a fraudulent Application for the LULAC case, you came here less than 5 years ago and were looking for a free ride.

If you know any better you would know the answer to your own question.

[Tomy]

Why you say that ????

I just said ! Ive been here in 1981 and then left and came back and left again on 2003 and came back with a visa !

I have all the proof for 1981 and 1989 there is not any fraud !!! I have all the proof I need for that but its better for me to start easy and fast process than wait anothr few years until someone will call me for an interview....and then I said from the bgnng "GENERAL QUESTION" Im really not sure what can I do yet ... so please I'll be happy to get an answare for that insted to start talking about my case if Ive been here or I did not.

Please , Your answare if you want to .
Thank you.

[Tomy]

Is anybody know some det. reg. my question ?

Thank you

[Antifascist1]

Are you (currently) present in the United States illegally or isn't your status considered to be "pending" from the time you submitted your LULAC application?

Also, what was your status on January 7, 2004?
You must not have been "legally present in the United States on that date under any classification set forth in section 101(a)(15)" to qualify for S2611.

Should your LULAC application be denied, your current status, I assume, would be deemed to be "illegal".
But what about 01/07/2004?
If you were already illegal then, then you could, in theory, apply for benefits under S2611 (which is not going to be enacted, that's why I said "in theory").

I don't know if you were qualified to apply for LULAC in the first place (don't know all the requirements, other than that it is a settlement for those whose applications were rejected under 1986 amnesty law).

You should consult with professional immigration attorney.

[Labib2]

If you have proof that you have been here from 1981 to 1989- then Lulac is faster.
if the new bill becomes a law which I doubt, you need to be illegal by April 2006 not January 2004.
If you could not proof that you are here since 1981 then your illegal.
also the new bill will include people who could not adjust there status if they tried or not

[Antifascist1]

This guy claims to have left US last time in 2003 and then, he says , he came back.

Here is the Section he quoted in relation to his question ["I WANT TO KNOW IF ITS GOOD FOR PEOPLE HERE EVEN LESS THAN 5 YEARS?"] :

SEC. 245C. MANDATORY DEPARTURE AND REENTRY.
`(1) PRESENCE- The alien shall establish that the alien--
`(A) was physically present in the United States on January 7, 2004;
`(B) has been continuously in the United States since such date, except for brief, casual, and innocent departures; and
`(C) was not legally present in the United States on that date under any classification set forth in section 101(a)(15).

[Labib2]

I read some parts of the bill, and followed Senate debates. As far as I know you have to be in the country illegally to qualify for 'earned citizenship':
A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.

`(B) CONTINUOUS PHYSICAL PRESENCE-

`(i) IN GENERAL- The alien shall establish that the alien--

`(I) was physically present in the United States on or before the date that is 5 years before April 5 , 2006;

`(II) was not legally present in the United States on April 5 , 2006, under any classification set forth in section 101(a)(15); and

`(III) did not depart from the United States during the 5 -year period ending on April 5 , 2006, except for brief, casual, and innocent departures.

`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
One senator tried to pass an amendment and let legal immigrants be eligible for this 'amnesty', but he did not succeed.
However, the bill did not pass the Congress yet, so there might be a lot of changes.

[Antifascist1]

I answered OPs in direct relevance to his question, further advising him/her to consult with professional immigration attorney to explore his options.

S2611 consists of hundreds of pages and I think it's not worthy of wasting one's time to go through it in details while it is almost certain that not even the trace of it, as related to illegals, has the chance to pass through Congress this year.

The full text of S2611 and AILA Section by Section commentary can be found at www.shusterman.com

Good luck,

IE

[Labib2]

I agree with you.

[Tomy]

Thank you very much .

So , I apply for my lulac case on late 2005 and on Jan , 2004 I was illegal.

Im not sure if my application is now pending if they called me "LEGAL".

Also , what about the withrawal of the lulac case ? I need to wait until the process complete ?

Thank you.