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DAP Forums > DREAM Act > The Lounge

Dear, Over 30 crowd. - Page 3

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#21
12-03-2010, 02:22 AM
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So for 30 and over crowd, family status' won't help at all?

Quote:
Originally Posted by buckminsterfullerene View Post
ok... i'll do it.... I will see what I can come up with, but I have so many tabs open already...

here is the portion of the bill that you are referring to, the waiver:



after reading this and doing a whole bunch of researching of all the appropriate sections, I found out that, it only waives requirements under 4(a)(1)(C)(i) and (ii) below I mention the portions and what may be waived.

from the sections found in 212(a) (here is link for you to read 212 of the INA: http://www.law.cornell.edu/uscode/ht...2----000-.html

The requirements detailed under 4(a)(1)(C)((i) that everyone has to meet are paragraphs (1), (2), (3), (4), (6)(E), (6)(G), (8 ), (10)(A), (10)(C), or (10)(D), therefore the secretary of homeland security may waive the following under (1), (4) and (6)(E), (6)(G):

(1) deals with health related information, just as long as you are not crazy and could be a risk for anyone including yourself or even property, have no transmittable diseases, have proof of vaccination, and not a drug abuser... then you will be fine under this portion.

(4) deals with being a public charge and they take into account health, age, family status, assets, resources and financial status, and education and skills. as well as something else that caught my eye because it also mentions family based petitions just ctrl + f the following in quotation marks to find it quickly in the above link " it cites the one particular law that which because it uses the word children makes several of us ineligible to be petition, however, I really don't see that helping the 30 over crowd.
(C) Family-sponsored immigrants ". This section also deals with certain employment based immigrants.

(6)
part E deals with smugglers

part G deals with student visa abusers.

so student visa abusers may find reason to file a waiver for humanitarian of family purposes

that takes care of 212(a), now for 237(a), it only states if you have a a ground for deportability under paragraph (1), and the DA only references (1)(E), and (1)(G)

237(a) is found in the following link ( http://www.law.cornell.edu/uscode/ht...7----000-.html )

(1)(E) deals with smuggling
(1)(G) deals with marriage fraud, so if you married and initially the marriage was determined to be fraudulent for the purposes of attaining documentation or failed or refused to fulfill the marital agreements is deportable.

It really does not make that much sense what would be waived, and it does not seem to affect the age of the applicant, unfortunately
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#22
12-03-2010, 02:30 AM
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Quote:
Originally Posted by DA User View Post
So for 30 and over crowd, family status' won't help at all?
its only my interpretation of what I read, but the waiver does not seem to touch the age requirement, again I doubt there would be a lawyer out there that would give anyone advice considering this has not passed yet and they have not written a set of procedures or interpreted the law themselves yet, so its not set in stone, and anything could happen between now and then.
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#23
12-03-2010, 02:35 AM
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Quote:
Originally Posted by Dream becomes Reality View Post
I really think they should still take into account those between 30 and 35. Why don't they just add a clause to the Under 30 Bill that states that if you are between 30 and 35 and meet all the qualifications including the college requirement, you can also be covered? Also, I really think that Obama should extend 245i, it will help a lot of people even those that don't qualify for the DA under any of the previous versions of the Bills. He should sign both the DA if it passes and 245i extension, but that's just my opinion.
its perplexing that 245i has not been extended, especially after it used to be extended every couple of years before 2001.

I agree with you, it was such a low blow to also take the retroactive away from DREAMERs that for the most part have been waiting since the very beginning of the dream act introduction in 2001, when they had to meet college requirements and some probably took college in hopes of meeting the requirements. As far as who's more likely to have a degree, I would put my money more on those DREAMers, more so then after they added the military requirement where the options doubled.
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#24
12-03-2010, 02:38 AM
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So crucify the ego, before it's far too late. And leave behind this place so negative, and blind and cynical. and you will come to find that we are all one mind, capable of all thats imagined and unconceivable. So let the light touch you let the words spill through let them pass right through bringing out our hope and reason.
Last edited by nickbroken; 07-14-2020 at 12:35 PM..
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#25
12-03-2010, 02:46 AM
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Quote:
Originally Posted by Dream becomes Reality View Post
I really think they should still take into account those between 30 and 35. Why don't they just add a clause to the Under 30 Bill that states that if you are between 30 and 35 and meet all the qualifications including the college requirement, you can also be covered? Also, I really think that Obama should extend 245i, it will help a lot of people even those that don't qualify for the DA under any of the previous versions of the Bills. He should sign both the DA if it passes and 245i extension, but that's just my opinion.
They took that Retroactive Benefits off in the 5th version. 245i is for the labor cert right? Don't you have to have an employer sponsor you for that?
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#26
12-03-2010, 02:49 AM
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Well Canada has higher Taxes, not so much more expensive. Really depends where you live. Toronto is like New York City so yeah things cost a lot there, that's anymore major city. It really depends on the province you live in. Alberta has higher rent, but minimum wage jobs there are 10-12 dollars an hour. with an education in a field it's easy to make 40-60k a year.

Their economy is a lot better then America's and only getting better. If you go the West, i.e. British Columbia and Alberta are booming. Southern Ontario is doing great also. Canada is a fuel super power of the future. There is more oil in Alberta alone then all of the middle east.
Canada's economy better then USA? In what sense? Are we talking about GDP growth?

1. USA by far


2. China
3. India
4. Japan
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#27
12-03-2010, 02:51 AM
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They took that Retroactive Benefits off in the 5th version. 245i is for the labor cert right? Don't you have to have an employer sponsor you for that?
245i includes an added provision for plantation workers or something like that after 1997 I think, but in its long history it has been mostly about individuals in this country that can benefit from some sort of family based petition, and it allows you to adjust your status without having to leave the country and activating a mandatory ban.
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#28
12-03-2010, 02:54 AM
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245i coverage will forgive your overstay if you entered with a visa but are subject to the 3-10 yrs ban, if you EWI and are covered by it you don't have to return to your home country to complete processing your green card application. It covers a variety of petitions including those filed by a USC or PR spouse, parent, sibling, grandparent/aunt/uncle (as long as you didn't age out I think) and also work related petitions (someone pls correct me if I'm wrong). Basically the 245i coverage will allow you to adjust your status in the US once your priority date becomes current/once there's a visa # available for you, without facing any ban, you just pay a $1000 fine.
Would I have been benefited from 245i? So that means one must file for 245i and then leave the country and then re-apply from their home country but aren't subject to the ban? What is EWI?
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#29
12-03-2010, 02:55 AM
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Quote:
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Canada's economy better then USA? In what sense? Are we talking about GDP growth?

1. USA by far


2. China
3. India
4. Japan
take into consideration that the US has 330 million people contributing to the economy and Canada has essentially a fraction but as nickbroken mentioned is bound to become a major supplier of not only oil, but also natural gas, its a major supplier of some metals as well, including copper, and timber.

The only downside is the weather, the cold is not for everyone.
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#30
12-03-2010, 02:59 AM
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Would I have been benefited from 245i? So that means one must file for 245i and then leave the country and then re-apply from their home country but aren't subject to the ban? What is EWI?
no... the process is completed inside of the country, you don't leave.

But, at this moment you would have to be grandfathered under 245 to apply, in order words, you must have been petitioned before April 2001 the last time it was extended, and if it was a job related petition of the kind that they accepted, migrant worker status for plantations i don't recall, you would have to have been petitioned before 2001 but after 1997 I think, when they added that to the sort of petitions that would be covered by 245i
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