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DAP Forums > DREAM Act > The News Room

'DACA' bill to help young immigrants nearing Senate deal: Senator Flake - Page 8

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#71
12-12-2017, 09:08 PM
Senior Member
Joined in Nov 2017
218 posts
ladreamer1998
0 AP
Quote:
Originally Posted by fl_dreamer View Post
Depends on what "certain circumstances" are? If it applies to older dreamers, I think you are fine.
No, I just never applied for daca. I'm 19 years old and i fully qualified for daca.
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#72
12-12-2017, 10:06 PM
Senior Member
Joined in Aug 2009
3,131 posts
dtrt09
0 AP
Quote:
Originally Posted by SEPT 06 View Post
Hey dtrt09
What do think, are we qualified for this bill?



(vi) the alien has never been subject to a final administrative or judicial order of exclusion, deportation, or removal, except if the alien—
“(I) has remained in the United States under color of law after the date on which the order was issued; or
“(II) received the order before the date on which the alien attained the age of 18 years.

(f) EXCLUSIVE JURISDICTION.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall have exclusive jurisdiction to determine eligibility for relief under this section.
“(2) EXCEPTION.—In the case of an alien who has been placed in deportation, exclusion, or removal proceedings before or after the date on which the alien submits an application for cancellation of removal and conditional permanent resident status or adjustment of status under this section, the Attorney General—
“(A) shall have exclusive jurisdiction to determine eligibility for relief under this section; and
“(B) shall assume all powers and duties of the Secretary described in this section until the date on which—
“(i) deportation, exclusion, or removal proceedings are terminated; or
“(ii) a final order of deportation, exclusion, or removal is entered.

“(3) EFFECT OF FINAL ORDER.—In the case of an alien for whom a final order of deportation, exclusion, or removal is entered, the Secretary shall resume all powers and duties delegated to the Secretary under this section.
“(4) EFFECT OF GRANT OF RELIEF.—In the case of an alien with respect to whom a final order of deportation, exclusion, or removal has been entered, if the Secretary grants relief to the alien under this section, the Attorney General shall rescind the final order of deportation, exclusion, or removal.
Don't know. The Dream Act as written by Durbin and Graham automatically nullifies the final order without you needing to file with the court, reopening the case, etc.
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#73
12-12-2017, 10:17 PM
Junior Member
From Dallas
Joined in Jun 2013
23 posts
Drserg2
0 AP
RE: the tax section on this introduced bill, does anyone have clarification on what (6)(b) could mean?
Are you not allowed to owe any past taxes to be approved for this?

“(6) PAYMENT OF FEDERAL TAXES.—

“(A) DEFINITION OF APPLICABLE FEDERAL TAX LIABILITY.—In this paragraph, the term ‘applicable Federal tax liability’ means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest on taxes imposed under the Internal Revenue Code of 1986.

“(B) PAYMENT REQUIRED.—Not later than the date on which an alien submits an application for adjustment of status under paragraph (1), the alien shall satisfy any applicable Federal tax liability due and owing as of that date of submission.
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#74
12-13-2017, 11:35 AM
Senior Member
Joined in Sep 2012
5,606 posts
JJ Glo's Avatar
JJ Glo
60 AP
Quote:
Originally Posted by Drserg2 View Post
RE: the tax section on this introduced bill, does anyone have clarification on what (6)(b) could mean?
Are you not allowed to owe any past taxes to be approved for this?

“(6) PAYMENT OF FEDERAL TAXES.—

“(A) DEFINITION OF APPLICABLE FEDERAL TAX LIABILITY.—In this paragraph, the term ‘applicable Federal tax liability’ means liability for Federal taxes imposed under the Internal Revenue Code of 1986, including any penalties and interest on taxes imposed under the Internal Revenue Code of 1986.

“(B) PAYMENT REQUIRED.—Not later than the date on which an alien submits an application for adjustment of status under paragraph (1), the alien shall satisfy any applicable Federal tax liability due and owing as of that date of submission.
Correct.
__________________
Self filed AOS │Apps Received By USCIS - 3/18/19 │Biometrics Done - 4/11/19
Interview Scheduled - 4/24/19│Interview Date - 5/31/19│AOS Approval - 5/31/19
Permanent Resident Card Received - 6/8/19
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#75
12-13-2017, 05:58 PM
Senior Member
Joined in Dec 2017
330 posts
Imthexman
0 AP
Quote:
Originally Posted by SEPT 06 View Post
Hey dtrt09
What do think, are we qualified for this bill?



(vi) the alien has never been subject to a final administrative or judicial order of exclusion, deportation, or removal, except if the alien—
“(I) has remained in the United States under color of law after the date on which the order was issued; or
“(II) received the order before the date on which the alien attained the age of 18 years.

(f) EXCLUSIVE JURISDICTION.—
“(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary shall have exclusive jurisdiction to determine eligibility for relief under this section.
“(2) EXCEPTION.—In the case of an alien who has been placed in deportation, exclusion, or removal proceedings before or after the date on which the alien submits an application for cancellation of removal and conditional permanent resident status or adjustment of status under this section, the Attorney General—
“(A) shall have exclusive jurisdiction to determine eligibility for relief under this section; and
“(B) shall assume all powers and duties of the Secretary described in this section until the date on which—
“(i) deportation, exclusion, or removal proceedings are terminated; or
“(ii) a final order of deportation, exclusion, or removal is entered.

“(3) EFFECT OF FINAL ORDER.—In the case of an alien for whom a final order of deportation, exclusion, or removal is entered, the Secretary shall resume all powers and duties delegated to the Secretary under this section.
“(4) EFFECT OF GRANT OF RELIEF.—In the case of an alien with respect to whom a final order of deportation, exclusion, or removal has been entered, if the Secretary grants relief to the alien under this section, the Attorney General shall rescind the final order of deportation, exclusion, or removal.
People with final orders of removal would not qualify, they would need to file a motion to reopen their case and is up to the DHS/IJ/Attorney general to approve it (good luck with that). Under this administration that might be difficult to achieve. Qualification wise, this is the biggest difference between this bill and the dream act.
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