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DAP Forums > DREAM Act > The News Room

Senate Bill Text Released - Page 38

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#371
04-17-2013, 04:58 PM
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CIR_DREAM2009
210 AP
I meant the courts. They can change laws if it's a violation of the Constitution.
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#372
04-17-2013, 05:01 PM
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yes, unless the bill itself has something like

"the content so of this bill shall not be considered for subject under clause this and subjection this of the constitution"

I am pretty sure its there but worded differently
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#373
04-17-2013, 05:07 PM
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The RPI status is in clear violation of the US constitution's equal protection clause and considering the amount of pro-immigrant groups that don't like the long path to citizenship as is it will be challenged if this iteration passes the Congress.

It is not clear if RPI is an immigrant or non-immigrant status.What this bill seems to suggest is that RPI functions like an Immigrant visa for Dreamers and as a non-immigrant visa for the rest of the undocumented population.Only an Immigrant status can count towards Naturalization and there is plenty of Federal court precedent concerning what are the requirements of meeting US citizenship eligibility.RPI would either be thrown out as a status[not likely] OR the Courts would more than likely indicate that it counts towards Naturalization just like it does for Dreamers.

If successfully challenged,US naturalization could be immediately filed after the security metrics are in place just after approval for Residence for the general undocumented.

It makes no sense trying to pass an immigration legislation to replace the current system if it cannot withstand court precedent.
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Last edited by Ianus; 04-17-2013 at 05:14 PM..
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#374
04-17-2013, 05:08 PM
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so people can start applying 180 days after president Obama signs the bill, and we are getting grandfathered so would our status with DACA count towards the 5 years we have to wait for to get a GC?
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#375
04-17-2013, 05:12 PM
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What about an undocumented claiming as a US Citizen in the I-9 form in the past?
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#376
04-17-2013, 05:13 PM
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Quote:
Originally Posted by legodego View Post
so people can start applying 180 days after president Obama signs the bill, and we are getting grandfathered so would our status with DACA count towards the 5 years we have to wait for to get a GC?
Apparently yes.

I got a question. didn't see it in the bill, the bill said those who are being sponsored by relative will have their priorities updated, is there a cut off date like December 2011 for others?

Now, my uncle is USC, and is sponsoring my dad, but the thing is, he only started last year. Would he be qualify or no.

Also, my mom came here for 15/16 years, but she have no evidence whatsoever (everything is under my dad's name) aside from the renewal passport we did in 07 or so.

Thank you.
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#377
04-17-2013, 05:19 PM
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thanks Morrow

anyways another question.

Would we be eligible to join the military right after president Obama signs the bill or 180 days after he signs it?
(a few weeks give or take for our status to upgrade in the system?)
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#378
04-17-2013, 05:20 PM
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Quote:
Originally Posted by DA User View Post
What about an undocumented claiming as a US Citizen in the I-9 form in the past?
This bill seems to forgive that if the claim was made when they were under the age of 18 or lacked the mental capacity to understand what that means.
Quote:
‘‘(I) INADMISSIBILITY.—Subject
8 to subclause (II), any alien who know9
ingly misrepresents himself or herself
10 to be a citizen of the United States
11 for any purpose or benefit under this
12 chapter (including section 274A) or
13 any other Federal or State law is in14
admissible.
15 ‘‘(II) SPECIAL RULE FOR CHILDREN.—An alien shall not be inadmissible under this clause if the misrepresentation described in subclause (I)
was made by the alien when the
alien—
(aa) was under 18 years of age; or
(bb) otherwise lacked the mental competence to knowingly misrepresent a claim of United States citizenship
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#379
04-17-2013, 05:20 PM
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Quote:
Originally Posted by Ianus View Post
The RPI status is in clear violation of the US constitution's equal protection clause and considering the amount of pro-immigrant groups that don't like the long path to citizenship as is it will be challenged if this iteration passes the Congress.

It is not clear if RPI is an immigrant or non-immigrant status.What this bill seems to suggest is that RPI functions like an Immigrant visa for Dreamers and as a non-immigrant visa for the rest of the undocumented population.Only an Immigrant status can count towards Naturalization and there is plenty of Federal court precedent concerning what are the requirements of meeting US citizenship eligibility.RPI would either be thrown out as a status[not likely] OR the Courts would more than likely indicate that it counts towards Naturalization just like it does for Dreamers.

If successfully challenged,US naturalization could be immediately filed after the security metrics are in place just after approval for Residence for the general undocumented.

It makes no sense trying to pass an immigration legislation to replace the current system if it cannot withstand court precedent.
Quote:
(D) CLARIFICATION OF STATUS.—An
alien granted registered provisional immigrant
status—

‘‘(i) is lawfully admitted to the United
States; and

‘‘(ii) may not be classified as a nonmmigrant or as an alien who has been lawfully admitted for permanent residence.
hmmmmmm
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Tranny is not derogatory term dummy
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#380
04-17-2013, 05:20 PM
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not_today
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DREAMers will be somewhat dismayed when they realize that RPI is just a different name for a sheet of paper like I-821D's approval and perhaps a bit happy that their EADs will not have the travel restriction at the bottom.
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