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DAP Forums > DREAM Act > The Lounge

TPS and DACA - Page 2

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#11
12-14-2016, 11:04 AM
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Joined in Dec 2016
3 posts
dreamer00
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Quote:
Originally Posted by Ianus View Post
Do not focus on what may be unique to another person's case that may be applicable to yours, unless of course it is exactly the same. One of the biggest mistakes I see here consistently. Traveling while having a removal order/proceedings or a deportation order is NOT recommended!!!!
Yea I had a feeling this was too good to be true.

here is where I found that from

Quote:
http://asianjournal.com/immigration/...rtation-order/
Another question... I know adjustment of status is possible if I am able to show extreme hardship to someone within the United States (getting married) But does anyone know if it's possible to do adjustment of status to H1B for someone with removal order? (without hardship clause)

Thank you everyone for replying! Trying to see what my options are
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#12
12-14-2016, 12:20 PM
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dreamer00
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Ok I am looking at my Notice to appear and what it exactly says.

Under Limitations on discretionary relief for failure to appear
"You have been scheduled for a removal hearing, at the time and place
set forth on the attached sheet~ Failure to appear for this hearing
other than because of exceptional circumstances beyond your control**
will result in your being found ineligible for certain forms of
relief under the Immigrati.on and Nationality Act (see· Section A.
below) for a period of ten. (lO} years after the date of entry of the
final order of removal. "

So because my 10 years is just around the corner - shouldn't I be able to file for adjustment without extra requirements?
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#13
12-14-2016, 12:38 PM
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gio957
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Quote:
Originally Posted by Pianoswithoutfaith View Post
Trump can't do because TPS was something passed by congress
He can simply not renew the program, no law says that TPS has to be renewed.
Last edited by gio957; 12-14-2016 at 04:35 PM..
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#14
12-14-2016, 03:34 PM
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Pianoswithoutfaith's Avatar
Pianoswithoutfaith
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Quote:
Originally Posted by dreamer00 View Post
Ok I am looking at my Notice to appear and what it exactly says.

Under Limitations on discretionary relief for failure to appear
"You have been scheduled for a removal hearing, at the time and place
set forth on the attached sheet~ Failure to appear for this hearing
other than because of exceptional circumstances beyond your control**
will result in your being found ineligible for certain forms of
relief under the Immigrati.on and Nationality Act (see· Section A.
below) for a period of ten. (lO} years after the date of entry of the
final order of removal. "

So because my 10 years is just around the corner - shouldn't I be able to file for adjustment without extra requirements?

Are the years accrued in the USA or do they start counting them once you're outside ?

I don't know anyone with remove proceeding who managed to adjust. So if you got an order ten years ago and next year makes ten years since you did then you should be able to adjust no?
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Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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#15
12-14-2016, 04:50 PM
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Joined in May 2006
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Ianus
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Quote:
Originally Posted by dreamer00 View Post
Ok I am looking at my Notice to appear and what it exactly says.

Under Limitations on discretionary relief for failure to appear
"You have been scheduled for a removal hearing, at the time and place
set forth on the attached sheet~ Failure to appear for this hearing
other than because of exceptional circumstances beyond your control**
will result in your being found ineligible for certain forms of
relief under the Immigrati.on and Nationality Act (see· Section A.
below) for a period of ten. (lO} years after the date of entry of the
final order of removal. "

So because my 10 years is just around the corner - shouldn't I be able to file for adjustment without extra requirements?
No, the final order of removal in abstentia aka deportation order is still in effect. The paperwork never said the order itself expired.

You would actually be required to file a motion to re-open with the immigration court that decided on your case first. Also, you can only file a motion to re-open once...and have to make it count!

Proceedings or orders would have to be terminated first. You might wanna read this.

This is what currently applies.
Quote:
B) Failure to attend removal proceeding.-Any alien who without reasonable cause fails or refuses to attend or remain in attendance at a proceeding to determine the alien's inadmissibility or deportability and who seeks admission to the United States within 5 years of such alien's subsequent departure or removal is inadmissible.
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Last edited by Ianus; 12-14-2016 at 05:00 PM..
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#16
12-14-2016, 06:23 PM
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Wait so if you miss that hearing and don't address it in five years you become permanently inadmissible ?!
__________________
Quote:
Originally Posted by 2Face View Post
I personally knew that if he wins he's not going to be touching DACA.
Quote:
Originally Posted by 2Face View Post
I hope Trump wins second term.
Quote:
Originally Posted by BestBefore1984 View Post
Tranny is not derogatory term dummy
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