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DAP Forums > DREAM Act > The News Room

A Michigan father, too old for DACA, is deported after three decades in the U.S. - Page 3

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#21
01-16-2018, 01:45 PM
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Quote:
Originally Posted by BestBefore1984 View Post
It doesn't say why he was deported though. What did he do exactly?
He had an order of removal that he was fighting since 2009. No criminal history. Under Obama administration he was able to defer action, but under Trump he no longer could and thus became a priority.
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#22
01-16-2018, 01:46 PM
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Quote:
Originally Posted by Swim19 View Post
He had an order of removal that he was fighting since 2009. No criminal history.
They should've done I-212 and I-601A for him...
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#23
01-16-2018, 01:54 PM
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Quote:
Originally Posted by Demise View Post
They should've done I-212 and I-601A for him...
I don't know why they didn't. Bad counsel?
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#24
01-16-2018, 01:56 PM
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So begs the question, what can you do to stop a loved one from being deported? Couldn't he just go back in the shadows and hide?
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#25
01-16-2018, 02:10 PM
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Quote:
Originally Posted by JayR9 View Post
So begs the question, what can you do to stop a loved one from being deported? Couldn't he just go back in the shadows and hide?
They probably already put a tracking device on him, I could be wrong, but it's pretty standard now.
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#26
01-16-2018, 02:23 PM
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Dem's need to seriously put up or move on. They will get slaughtered during the midterms.
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#27
01-16-2018, 02:26 PM
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Quote:
Originally Posted by IamAman View Post
It's still a year and a half behind so unless it starts flying by (which is doubtful given how they had to retrogress it last year), it's realistically at least 2 years from now before I can apply and I'm not going to lie, in this current climate, I'll have to think long and hard whether it's worth the risk to out myself. It's not a marriage/immediate family petition so I'd have to rely on a derivative 245i adjustment and it might get ugly.
If you qualify for 245i shouldn't the path to adjustment of status be fairly straightforward? You wouldn't be subject to any 3-10 year bar. I have an uncle and Aunt who adjusted their status through the same process in the 90's.
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#28
01-16-2018, 02:39 PM
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Quote:
Originally Posted by Swim19 View Post
I don't know why they didn't. Bad counsel?
Probably? Well the issue here is that he's out of the country so I-212 and I-601 are the only way forward. If there is/was a petition for review with the 6th circuit - then the 6th circuit COULD order him returned and remand the case back to BIA for processing his cancellation of removal. This is very rare.



The whole case stinks and the family should consider finding a good lawyer to handle the waivers.

Quote:
Originally Posted by IamAman View Post
It's still a year and a half behind so unless it starts flying by (which is doubtful given how they had to retrogress it last year), it's realistically at least 2 years from now before I can apply and I'm not going to lie, in this current climate, I'll have to think long and hard whether it's worth the risk to out myself. It's not a marriage/immediate family petition so I'd have to rely on a derivative 245i adjustment and it might get ugly.
245(i) adjustment cases are processed as they were. Unless you have any other inadmissibilities to be concerned about you'll be fine. Just make sure to document the existence of the petition that grandfathered you in and relationship to the primary beneficiary.
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#29
01-16-2018, 02:55 PM
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This is unacceptable. The oldest Daca beneficiaries are now 37, only two years of difference. Neither the 37, nor the 39 year old are children. But because they both arrived as children, both needed the same protection.
Dream Act does not have an age cap for this reason. He asked to be allowed to wait for upcoming legislation. This is heartbreaking.

We need the Dream Act now.
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#30
01-16-2018, 02:58 PM
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The headline is " Childhood artival left out of Daca deported after 30 years in U.S and no criminal record"

That is the injustice.
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