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DAP Forums > DREAM Act > The News Room

Marriage no longer safe haven for the undocumented - Page 4

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#31
07-28-2017, 08:38 PM
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txgirl
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Quote:
Originally Posted by BeeHive View Post
Were people able to adjust their status under Obama if they skipped out on court?
No you cannot apply for ANY immigration process (other than Uvisa and asylum) with a standing order of removal (which is what you get when you don't show up to court) so this isn't anything different than what it was before.

The only thing that has change is under Obama you could depending on your circumstances request ICE to allow you to stay under an order of supervision. You would just check in with an officer once or twice a year but no actual status would be granted to you. Now all of that is gone and people who were out in OSups are being detained and their removal orders are being executed
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#32
07-29-2017, 02:13 PM
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eRkah
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Quote:
Originally Posted by IamAman View Post
You're really going out of your way to not see it. When you're a minor, your case is attached to your parents. If your parents decided to overstay a visa when you were a minor, you're also an overstay. If they had a failed asylum case and were ordered removed, it also applied to you. I'm sure there are a few exceptions but we pay for the sins of our fathers.
IamAman, do you know how often simply being an overstay results in a court hearing and removal order? I mean if most of us are overstays, what triggers a court hearing for some? or is that only when people apply for an immigration benefit that they dont qualify for?

I think many dreamers dont realize that they could have a pending order of removal and not know it. Many immigrants routinely 'miss' out on court dates because they dont even know they have a hearing (papers get sent to old addresses). Then the court orders them removed in absentia and so on. Or you're a minor and your parents ignore the hearing. But the removal order still applies to you

Quote:
Originally Posted by txgirl View Post
No you cannot apply for ANY immigration process (other than Uvisa and asylum) with a standing order of removal (which is what you get when you don't show up to court)
Is that the case even when people have a valid immediate family petition? I thought in those cases people have to ask a court/judge to cancel the order, but it is possible because the immediate family petition/visa is available and therefore they have a path to legal status. I thought the only time people couldnt apply for AOS is if they are already deemed inadmissible
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#33
07-29-2017, 05:14 PM
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texaskid
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Quote:
Originally Posted by eRkah View Post
IamAman, do you know how often simply being an overstay results in a court hearing and removal order? I mean if most of us are overstays, what triggers a court hearing for some? or is that only when people apply for an immigration benefit that they dont qualify for?

I think many dreamers dont realize that they could have a pending order of removal and not know it. Many immigrants routinely 'miss' out on court dates because they dont even know they have a hearing (papers get sent to old addresses). Then the court orders them removed in absentia and so on. Or you're a minor and your parents ignore the hearing. But the removal order still applies to you



Is that the case even when people have a valid immediate family petition? I thought in those cases people have to ask a court/judge to cancel the order, but it is possible because the immediate family petition/visa is available and therefore they have a path to legal status. I thought the only time people couldnt apply for AOS is if they are already deemed inadmissible
I think when it comes to,say, a spousal application, you need to get the case reopened, then administratively closed.
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#34
07-30-2017, 10:18 PM
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biscuitneck
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Quote:
Originally Posted by BeeHive View Post
What is logistical impossible? The wall can be built. Companies who put up bids already planned it.

Logical impossible would be that the wall would stop illegal immigration.
You can throw budget numbers out there for a wall all you want, but you still have to figure out a way to come up with the money. It will never happen.

The current administration has zero idea on how to work these numbers. Just look at their budget plan.
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#35
08-01-2017, 08:56 PM
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txgirl
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Quote:
Originally Posted by eRkah View Post
IamAman, do you know how often simply being an overstay results in a court hearing and removal order? I mean if most of us are overstays, what triggers a court hearing for some? or is that only when people apply for an immigration benefit that they dont qualify for?

I think many dreamers dont realize that they could have a pending order of removal and not know it. Many immigrants routinely 'miss' out on court dates because they dont even know they have a hearing (papers get sent to old addresses). Then the court orders them removed in absentia and so on. Or you're a minor and your parents ignore the hearing. But the removal order still applies to you



Is that the case even when people have a valid immediate family petition? I thought in those cases people have to ask a court/judge to cancel the order, but it is possible because the immediate family petition/visa is available and therefore they have a path to legal status. I thought the only time people couldnt apply for AOS is if they are already deemed inadmissible
You can try to file a motion to reopen but it's not a given that it'll be granted. It really depends on why you got the removal order to begin with but it's rare when they'll reopen. They definitely won't now with trump.
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#36
08-01-2017, 09:14 PM
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dtrt09
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Another reason why we must push this Summer to get the DreamAct passed as the legislation allows those sponsored by their spouse, but who have a final order to clear it so that they can proceed to adj of status.
Last edited by dtrt09; 08-01-2017 at 09:21 PM..
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