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« Aug 10 - DREAM Act on Democratic Platform | Main | Aug 13 - Underestimating Deferred Action »

Aug 13, 2012

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@ families torn apart........you need to become an advocate for your family! do research on the internet, speak to advocacy groups in your area. google for an immigration attorney at any local university in your state and find one that is willing to help you pro bono! catholic charities is a great place to start. it seems that you should b able to petition for your husbands return to the united states. read read and read more. get the advice of a knowledgeable attorny, and then pray! good luck to you.

Debby Cincotti de Covarrubia

I am honored that James J. Brannigan has taken the time to read my opinions and feels that they are worth commenting on.

Family torn apart

My husband was deported twice in 2002 b4 I met him. I lived in MX for 5 yrs until I had to come back. Since then I'd developed stage 4 Cancer and went through 6 grueling mths of intense chemo alone w my 7 & 2 yr olds. It's now been 2 yrs since we've seen him but we continue to call him EVERY DAY and always will. He has tried to come here illegally twice recently. Once he almost got caught crossing the border, the 2nd he was abducted and held for 2500.00 ransom tied up and held at gunpoint in a cave. My son has no recollection of his father, he was just 6mths old. My daughter misses him but is forgetting her fathers face. My family and friends think I'm crazy for standing by him this long. They thought I'd lost my mind when I moved to MX for 5 yrs in impoverished conditions fighting off extreme heat, scorpions and tarantulas to name a few. Now we are apart and there is NOTHING we can do legally to be together. I have to be here due to my condition.... DOES ANYONE CARE??????

I think it would be wise for those of us who work toward, at the least, a greatly reformed and more just immigration situation, to avoid mixing two rather disparate ideas. An extension of legality and the ability to come here and peacefully, work, go to school and live is far different than voting.

Let's keep the two ideas separate. Try not to entwine an automatic citizen and voting status from the terrible limbo of "illegal."

Becoming a citizen is separate from simply living here without fear of arrest, deportation, separation from family, etc.

You've been patient; now be prudent

A is for August 15th and Applications being accepted for DREAMers who qualify for deferred action according to the standards and conditions that have been announced and explained by USCIS. One critical area involves certain minor traffic violations and minor (non-significant) misdemeanor convictions. Given USCIS's reservation of the right to consider all offenses in a DREAMER's record as a matter of discretion in adjudicating DACA applications, I would prepare these cases as though the applicant was applying for a statutory form of discretionary relief from removal with respect to providing evidence explaining remorse, rehabilitation, re-education, and some indicia of assurance that the client will not be a repeat offender.

I would go beyond a sworn declaration from the applicant and the documents pertaining to the incident, and provide corroborating evidence from teachers, employers, doctors, counselors, community figures, ministers, rabbis or priests, or other adults or leaders who have interacted with the DREAMer and know her character overall. I also would include objective data that relates to the nature of the violation or offense. Such evidence might include local/national reports concerning the prevalence or problems caused by the activity underlying the violation or offense, expert studies on age-related or incident-related conduct and recidivism, and even an individual expert forensic psychological evaluation that would constitute a professional assessment of that DREAMer's law abiding nature, lack of dangerousness, and degree of social adjustment.

It would be prudent to provide such supporting evidence whether the purpose is to demonstrate that the offense is not a minor misdemeanor at all, e.g., a traffic offense, or that it is a minor, non-significant misdemeanor. It seems to me that in light of the discretionary latitude that USCIS has reserved, the burden is on the DREAMer to establish that her application contains no basis for a finding of ineligibility or denial. This is a strategy call, of course, and while it may seem to be excessive to so comprehensively document the incidence of a single violation or minor offense, it is worth considering - at least on a case by case basis - given the absence of any motion to reopen or appeal.

Once again Roger Algase proves that he is an opinionated and uneducated DUNCE.

Paul Ryan’s support and co-sponsorship of a 2009 Democratic bill for legalizing certain immigrant farm workers was not some bi-polar episode of going rogue on his party, but was a nod toward the powerful agribusiness interests in Wisconsin that got him elected. While I very much disagree with most of his political views and policies, the man does have an excellent taste in beer (he was quoted as having cheese, brats, and Spotted Cow beer coursing through his veins).

Interestingly, while Immigration is a hot button issue, Ryan's stance on immigration should not influence how immigration advocates vote given so very much more is at stake for the future of America. Having a conservative tea-partier for VP and an ultra conservative, right wing pundit like Romney as President would be toxic for this country no matter which way one stands on immigration. Why? Because Romney has demonstrated again and again how very little regard he has for middle America not to say anything of those living in poverty or near poverty and least of all immigrants. It is very clear that the Republican leaders are growing more and more conservative and have little or no interest in the welfare of the rest of our country.
Rather, its about lining their pockets and those of their friends which is a scary prospect. If you don't have a trust fund, are not sitting on a pile of inheritance money, or otherwise and care even an iota about immigration, the economy, national security, and diplomacy, you should not even be considering the Romney/Ryan ticket.

Note on Deferred Action in Action Comment. The comment notes that, "USCIS held a stakeholder meeting this afternoon on Deferred Action. ... Mr. Mayorkas noted that information of applicants and, significantly, their families will not be shared with ICE for immigration enforcement purposes." How good is that promise? Will it be binding on the next Administration if we have a Republican president? Does estoppel apply to reliance on this promise? Can anyone out there in ILW.com-land provide some insight on this matter? Nolan Rappaport

first of all give all this immigrants who are victim of bushes (masterwork),the green card ,then you make new gestapo laws, chines wall, and homelands insecurity as himlers auswits .

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