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DAP Forums > DREAM Act > The Lounge

S. 3992 : Section 4a(1)(2) - Age 30 or over qualified?

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#1
12-05-2010, 07:59 PM
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(2) WAIVER- Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under paragraph (1), (4), or (6) of section 212(a) of the Immigration and Nationality Act and the ground of deportability under paragraph (1) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.

What does the above mean?
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#2
12-05-2010, 08:23 PM
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guy, calm down, i think it means that secretary of homeland security would have final say if you are eligible for it the under said law if it does pass. But that this point we dont even know if it will pass or even if this is language with will have when it does pass.
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#3
12-05-2010, 08:54 PM
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Keep it up DA! Retroactive provision needs to be in this bill. It will only count for a smallll number of older dreamers who despite everything, was still able to complete 2 years + of college. That doesnt make any sense. The math doesn't and the arguments don't.
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#4
12-05-2010, 10:06 PM
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Who knows, the SOH may decide to waive the requirement for those who already have a degree up to a certain age (like 35)

Thats what I am understanding form this...
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#5
12-05-2010, 10:27 PM
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Quote:
Originally Posted by knives View Post
guy, calm down, i think it means that secretary of homeland security would have final say if you are eligible for it the under said law if it does pass. But that this point we dont even know if it will pass or even if this is language with will have when it does pass.
Lets say it does passes then what would make DHS decide that Dreamer is qualified?
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#6
12-05-2010, 10:29 PM
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Quote:
Originally Posted by Task_1539 View Post
Who knows, the SOH may decide to waive the requirement for those who already have a degree up to a certain age (like 35)

Thats what I am understanding form this...
SOH?

The age cap will be one of the biggest compromise with the House which has no cap.
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#7
12-06-2010, 12:23 AM
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its plain as daylight if you read the bill. Waivers are only available for I believe criminal records and something else I cant remember off the top of my head. But the new bill clearly leaves out (F).

I do hope its to just pass the senate and in the conference the compromise is either up the age cap or insert retroactive to cover (F). Personally, I think we have a good shot at F being covered in the retroactive paragraph.
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#8
12-06-2010, 12:28 AM
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you people need to stop talking when you don't know. These waivers are made for the most extreme and sympathetic cases. It's just like the waiver for the 10 year ban. You have to show EXTREME hardship to a USC relative when it says "family unity", and when it says for "humanitarian purposes" they mean when you are missing an arm or a leg or your sick to the point that everyone goes awwwwwwww. And when it says the secretary of DHS, it don't mean Janet Napolitano will personally review your application, her high officials will.

so some of you gotta stop with is misinformation
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#9
12-06-2010, 01:51 AM
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Quote:
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you people need to stop talking when you don't know. These waivers are made for the most extreme and sympathetic cases. It's just like the waiver for the 10 year ban. You have to show EXTREME hardship to a USC relative when it says "family unity", and when it says for "humanitarian purposes" they mean when you are missing an arm or a leg or your sick to the point that everyone goes awwwwwwww. And when it says the secretary of DHS, it don't mean Janet Napolitano will personally review your application, her high officials will.

so some of you gotta stop with is misinformation
that's not true. The waiver embedded in Dream Act is a very broad waiver, and you don't have to demonstrate extreme hardship.

If you look in the house bill, the house explicitly demands Dreamer to demonstrate HARDSHIP (not extreme hardship) for a waiver. However, the Senate bill's waiver is VERY BROAD.

However, age-cap is not something that DHS Secretary can waive. I'm sorry DA User.

The waiver is for people who have minor violation on their record. It's not for the age cap
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#10
12-06-2010, 02:46 AM
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Quote:
Originally Posted by njdreams View Post
its plain as daylight if you read the bill. Waivers are only available for I believe criminal records and something else I cant remember off the top of my head. But the new bill clearly leaves out (F).

I do hope its to just pass the senate and in the conference the compromise is either up the age cap or insert retroactive to cover (F). Personally, I think we have a good shot at F being covered in the retroactive paragraph.
If thats the strategy then why we haven't seen any articles based on this?
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