Interesting News on I601

[Used to be broken 147]

*this looked like a Post on VJ but now I cannot find link. I hope a Mod didn't remove it because it most certainly is Legally Relevant to people in the I601 procedure, most due to the fact that some families cannot effect reunification. Yes it can be considered slightly "politcal" or an advocacy issue, however it might be the only legal remedy some I601 families have to hang a hat on. Respectfully request Mods leave this topic where it is.

The Immigrant's Rights Coalition is supporting a class action law suit by US Citizens married to undocumented immigrants who came after 2001 without inspection and are unable to adjust status in the US. The group argues that because it is the citizen who has to prove extreme hardship then the waiver should not be an administrative process but should be presented to a jury, allowing for due process. Anyone wishing to join the group should contact: entrywithoutinspection@usa.com or call 862-234-2900 For more info: www.entrywithoutinspection.com

[NigeriaorBust 4,087]

I don't think many USC will vote to approve immigration benefits for someone that disregarded US laws to come here. Even less likely in the current economy where out of work USC's are seeing that many of the lower paying survival jobs are going to non USC's who will work for less. A jury is charged with enforcing the laws of this country. This means that they would be charged with deciding if the defendant violated immigration law ( which they did ) and should be given a reduced sentence.

[Canadian in GA 34]

I don't think many USC will vote to approve immigration benefits for someone that disregarded US laws to come here. Even less likely in the current economy where out of work USC's are seeing that many of the lower paying survival jobs are going to non USC's who will work for less. A jury is charged with enforcing the laws of this country. This means that they would be charged with deciding if the defendant violated immigration law ( which they did ) and should be given a reduced sentence.

NigeriaorBust - I agree!

[Sergi9 110]

I don't think many USC will vote to approve immigration benefits for someone that disregarded US laws to come here. Even less likely in the current economy where out of work USC's are seeing that many of the lower paying survival jobs are going to non USC's who will work for less. A jury is charged with enforcing the laws of this country. This means that they would be charged with deciding if the defendant violated immigration law ( which they did ) and should be given a reduced sentence.

Nigeria,

Why are you trying to hijack this post with your opinion that has nothing to do with what was posted?

This post was not about voting on anything. Its about a class action lawsuit involving the rights of US Citizens in marriages to foreign nationals. Its about government over-reach into the lives of US Citizens and interference with Religious liberties and citizens rights to family unity for administrative volations of immigration law. When you deprive a US Citizen of liberties that involves Due Process.

It is also about the draconian nature of the 3/10 year bars. The requirment for a Jury to hear these hardship cases while probably not going to happen, they could at a minimum change it to a panel of government attorneys who at minimum have gone to law school. Currently GS-7 civilians with no law degree are deciding the fate of these families. If an attorney makes legal errors you can go to the state bar association and have him/her sanctioned or disbarred, not so in the current scheme of I601 adjudication.

Your sweeping declaration that everyone is guilty and should be given no sympathy disregards that fact that many who started out trying to maintain legal status were not sucessful, and those brought by parents had no say in their current undocumented status.

[Brother Hesekiel 2,236]

Sergio,

the fact remains, the US is a democracy. Hence, it will take a majority to change things. There is just no general support among the American people for this. Even the DREAM Act that has its focus on children has not enough support. Amnesty in any form or shape is grossly unpopular. I therefore would assume the signatures for such a petition comes for the most part from the people who are involved personally, meaning spouses and family members of people who are married to illegal immigrants.

Not that it matters or that it would interest you, but I was out of status for over a decade, and I am a very liberal American now, but I wouldn't support extending immigration benefits to people who climbed a fence or swam though the Rio Grande, nor do I know anybody who would. And I do have sympathy for people who do what they need to do to make a living in order to feed their families, I really do. But self-preservation, even in regard to a nation or a people, trumps sympathy, as it would open a flood gate that we never would be able to close again. Look at the last Reagan amnesty of 1986, and look how many more illegal immigrants we have in the USA today, 25 years later. Legalizing illegal immigrants is not a path that works.

[Sergi9 110]

Sergio,

the fact remains, the US is a democracy. Hence, it will take a majority to change things. There is just no general support among the American people for this. Even the DREAM Act that has its focus on children has not enough support. Amnesty in any form or shape is grossly unpopular. I therefore would assume the signatures for such a petition comes for the most part from the people who are involved personally, meaning spouses and family members of people who are married to illegal immigrants.

Not that it matters or that it would interest you, but I was out of status for over a decade, and I am a very liberal American now, but I wouldn't support extending immigration benefits to people who climbed a fence or swam though the Rio Grande, nor do I know anybody who would. And I do have sympathy for people who do what they need to do to make a living in order to feed their families, I really do. But self-preservation, even in regard to a nation or a people, trumps sympathy, as it would open a flood gate that we never would be able to close again. Look at the last Reagan amnesty of 1986, and look how many more illegal immigrants we have in the USA today, 25 years later. Legalizing illegal immigrants is not a path that works.

???????????????????????????

I am confused Bob. What petition are you talking about? This is post about a class action lawsuit not a petition. Has nothing to do with voting or a majority.

Reading is fundamental people... read the post... then if you have something that relates to the post in some way.. .feel free to post on it.

[NigeriaorBust 4,087]

Why do people come to a board that is about doing immigration the right way and seek support for measures that support corner cutters ? They broke the law . Personally I would be in favor of a waiverable lifetime ban. So you wouldn't want many like me on your "jury" I live at ground zero of illegal immigration and see what it is and what it means , so I don't fall for the "the are really helping the US economy" koolaide. People fall in love with convicts in prision with no possibility of parole. Are they going to have a normal life ,no. If you choose to make your bed with someone that doesn't respect US law then you should understand that you may be severaly inconvinced while they pay the price for their actions. Should mass murders get out of jail because someone loves them , no. Should any "sentence" be shorted for the sake of love ? No. Why should the happiness of a single person outweigh the overall good of the community ?

Nigeria,

Why are you trying to hijack this post with your opinion that has nothing to do with what was posted?

This post was not about voting on anything. Its about a class action lawsuit involving the rights of US Citizens in marriages to foreign nationals. Its about government over-reach into the lives of US Citizens and interference with Religious liberties and citizens rights to family unity for administrative volations of immigration law. When you deprive a US Citizen of liberties that involves Due Process.

It is also about the draconian nature of the 3/10 year bars. The requirment for a Jury to hear these hardship cases while probably not going to happen, they could at a minimum change it to a panel of government attorneys who at minimum have gone to law school. Currently GS-7 civilians with no law degree are deciding the fate of these families. If an attorney makes legal errors you can go to the state bar association and have him/her sanctioned or disbarred, not so in the current scheme of I601 adjudication.

Your sweeping declaration that everyone is guilty and should be given no sympathy disregards that fact that many who started out trying to maintain legal status were not sucessful, and those brought by parents had no say in their current undocumented status.

[Sergi9 110]

Why do people come to a board that is about doing immigration the right way and seek support for measures that support corner cutters ? They broke the law . Personally I would be in favor of a waiverable lifetime ban. So you wouldn't want many like me on your "jury" I live at ground zero of illegal immigration and see what it is and what it means , so I don't fall for the "the are really helping the US economy" koolaide. People fall in love with convicts in prision with no possibility of parole. Are they going to have a normal life ,no. If you choose to make your bed with someone that doesn't respect US law then you should understand that you may be severaly inconvinced while they pay the price for their actions. Should mass murders get out of jail because someone loves them , no. Should any "sentence" be shorted for the sake of love ? No. Why should the happiness of a single person outweigh the overall good of the community ?

First of all lets get it straight, I am not supporting anyone cutting corners. I am talking about an I601 issue which is a mechanism to allow a spouse to come to or stay in the US legally. Its no different than any other marriage based petition like any other legal petition that is talked about on this board. I am getting a little weary of the moral superiority of the folks on the board talking down to people who simply have a different numbered form. Google mail order bride and pay your fees and somehow that gives license to judge other peoples marriages? Give me a break, most of the folks in the I601 process have been married longer than some of these other VISA types have even known each other.

The failure to be "in status" is an Administrative violation of US Immigration law, on par to a traffic ticket or failure to file a tax return on time. However, you don't see Federal Agents dragging the folks out in handcuffs, breaking up families and putting people in indefinite detention with no due process for these similar administrative matters. Furthermore many of the folks in I601 scenarios started out doing everything the right way and got screwed up by bad legal representation. Just because they cannot AOS stateside does not strip them of the equities that apply to other VISA types, mainly a US Citizen spouse or family member.

The Point you are missing Nigeria is the "punishments" meted out in Immigration Law are draconian and depart from our well established principle of proportionality. Let the punishment fit the crime. We also typically do not punish those who have not committed a crime and even for those mete out justice cautiously in cases where there was no intent. You cannot be arguing that children brought here by their parents are culpable for the administrative violation their parents committed?

But it appears you have a radical view since you jumped so quickly to comparing mass murderers to those who are out of status. It has been my experience on this board that those US Citizens who have "chosen to make a bed with someone who doesn't respect US Law" are extremely shocked that the marriage doesn't cure the status issues in EWI cases and some overstays like it does in almost every other scenario where a US Citizen marries a foreign national. That includes tourist VISA folks who abuse the system, people who have met once and have no idea who the heck they are bringing here on a fiance VISA, people who chain migrate entire families, cousins marrying each other for benefits etc. ad-nausem.

The fact is the government is partially responsible and culpable in this matter, they allow these folks to enter on VISA or fail to secure the border, the aliens live within the country and appear just like us. In the normal course of life they meet and fall in love and marry US citizens, part of being human really. I venture to guess if you stood on a street corner and asked 100 people if the US Government would interfere with the marriage of a US Citizen married to a foreign national.. the answer would be no, Citizenship is automatic for these couples. Destroying these families is a cruel and grim miscarriage of so called "justice".

The bottom line is US Citizens deserve equal playing field and due process, the people adjudicating these petitions which are based on INA .. Immigration Law should be at minimum afforded a real board certified attorney who specializes in Immigration Law deciding their cases. Even better a panel of judges who are experts in Immigration law.

Edited April 27, 2011 by Sergi9

[NigeriaorBust 4,087]

I didn't google mail order spouse, nor did I troll the internet looking for a match. We were introduced though family and had a fairly traditional courtship. We followed the rules and we are together. WHat you are advocating is allowing intruders to gain benefit from their actions. Call me old fashioned if you will but they have violated the law. I knowing stealing is wrong and it isn't ok for me to enter a store and remove things just because the store has them out on display. In a good society I should be able to place things on my front yard, leave and return to find them just as I left them. But society isn't pure. That doesn't mean I need to welcome people who view laws as something that apply to them only sometimes as needing pity or special privileges. The sob story about the child forced to come here by their evil illegal parents doesn't even evoke the smallest bit of pity. We have enough people that are really US citizens that need acts of kindness, you can't help/save everyone. Top of my list , law abiding citizens. Bottom of my list , law breaking cheaters. If you asked the same 100 people on the corner if an illegal alien should be allowed to stay because they marry a USC they answer would be a respounding NO they would say send them back home on a one way ticket.

[kuhio 1]

I didn't google mail order spouse, nor did I troll the internet looking for a match. We were introduced though family and had a fairly traditional courtship. We followed the rules and we are together. WHat you are advocating is allowing intruders to gain benefit from their actions. Call me old fashioned if you will but they have violated the law. I knowing stealing is wrong and it isn't ok for me to enter a store and remove things just because the store has them out on display. In a good society I should be able to place things on my front yard, leave and return to find them just as I left them. But society isn't pure. That doesn't mean I need to welcome people who view laws as something that apply to them only sometimes as needing pity or special privileges. The sob story about the child forced to come here by their evil illegal parents doesn't even evoke the smallest bit of pity. We have enough people that are really US citizens that need acts of kindness, you can't help/save everyone. Top of my list , law abiding citizens. Bottom of my list , law breaking cheaters. If you asked the same 100 people on the corner if an illegal alien should be allowed to stay because they marry a USC they answer would be a respounding NO they would say send them back home on a one way ticket.

Ya! Kids...those evil doers!!!! Damn them to to hell!! They are not pure!!!!!

I mean, lol at their stories of escaping the crushing yoke of poverty and corruption for whatever third world rat hole they came from. Like thats an excuse. I mean, so what if they ran the border when they were 6 years old and then spent 15 years mowing my lawn for 4 bucks an hour. Party's over! You broke the law! Time for your two US citizen daughters and your wife to fend for themselves for a while. I mean comeon' its only 10 years. Awwwwww, whine, whine, whine. It's not like you're a real person like a US citizen, what do you expect.

BTW-If you think that is not how you sound..............think again.

Written by someone who does not have a Fiancee who overstayed or was undocumented.

[NigeriaorBust 4,087]

There are other 3rd world countries, people dying in the street, but only one country in the world that has a free pass ( wet foot / dry foot ) I am not in favor for anyone that came here illegally getting a free pass. I favor a lifetime ban period. If the country gets to pick who stays ( and it does) people who don't respect laws at ANY age are on the list of who not to pick. But then again I am also against welfare.

[Sergi9 110]

There are other 3rd world countries, people dying in the street, but only one country in the world that has a free pass ( wet foot / dry foot ) I am not in favor for anyone that came here illegally getting a free pass. I favor a lifetime ban period. If the country gets to pick who stays ( and it does) people who don't respect laws at ANY age are on the list of who not to pick. But then again I am also against welfare.

Well why don't you get back on your high horse and interject your judgmental opinion (which is inappropriate for this forum as its an I601 information forum not a political discussion) and go to the OT or Politics and Religion forum and have a party?

Your judgemental opinion regarding the I601 LEGAL PROCESS is not helpful or contructive to those members going through this legal process. Fortunately there is a LEGAL CHANNEL for those people who have no option to AOS when they are married to a US Citizen despite your "feelings" about this LEGAL method of obtaining status.

[TBoneTX 45,497]

From the opening post:

Yes it can be considered slightly "politcal" or an advocacy issue

and

The Immigrant's Rights Coalition

This group seeks to change or influence political administrative positions. To do so would require acts of (actions by) Congress. Edited April 27, 2011 by TBoneTX

[Sergi9 110]

From the opening post:andThis group seeks to change or influence political administrative positions. To do so would require acts of (actions by) Congress.

The original post was information about a Class Action Lawsuit. In other words some of the folks who frequent the I601 forum presumably affected by I601 issues might want to investigate this class.

In the sense that an advocacy agency was named (IRC) and that coalation generally supports migrants makes it "somewhat of an advocacy issue"... and that might be percieved as political.

Class Action suits do not usually involve Congress or Congressional action and in that sense the post was informational.

[Boiler 45,657]

Why does this only apply for those who entered after 2001?

This post was not about voting on anything. Its about a class action lawsuit involving the rights of US Citizens in marriages to foreign nationals. Its about government over-reach into the lives of US Citizens and interference with Religious liberties and citizens rights to family unity for administrative volations of immigration law. When you deprive a US Citizen of liberties that involves Due Process.

This I do not understand, I see no basis for a case. It would be like my wife bring an action if I was jailed for a crime. But nobody is in jail.

It is also about the draconian nature of the 3/10 year bars.

That is subjective, I believe it was agreed as part of the last CIR.

The requirment for a Jury to hear these hardship cases while probably not going to happen, they could at a minimum change it to a panel of government attorneys who at minimum have gone to law school. Currently GS-7 civilians with no law degree are deciding the fate of these families. If an attorney makes legal errors you can go to the state bar association and have him/her sanctioned or disbarred, not so in the current scheme of I601 adjudication.

I guess you could say the same about any decision made by any Consular official. Using the same logic I could sue if I for example failed my driving test.

Your sweeping declaration that everyone is guilty and should be given no sympathy disregards that fact that many who started out trying to maintain legal status were not sucessful, and those brought by parents had no say in their current undocumented status.

Time towards bans do not accrue until 18.

I have seen a few cases where an accusation has been made where no overstay was involved, they were all sorted out. There must be at least one I guess where this did not happen, but yet to see it. Any links complaining about false accusations of overstaying?