Obama administration won’t deport Venezuelan man who is married to an American man

[Ready to do it 101]

A HUGE positive to this is healthcare. After Obama is out and we get rid of all that Obamacare nonsense, doctors can start thriving again. I could actually see doctors setting up office all over the country in all those vacant stripmalls. Doctors can get back to the old days and the way it is done in South America, Mexico etc... charge an illegal or USC without insurance $40 or $50 for an office visit and give the health insurance companies the finger. As it is now, an illegal goes to a hospital with a headache, sits in a waiting room for 10 hours, is required to have a zillion tests run, and then is prescribed some super duper tylenol. Then the govt-run hospital bills the govt $2k. Complete waste of time, funds, and tax-payer $$$. I can already see the positives coming.

well effective, what yesterday or the day before, of course he will not be deported. You guys read the memo, right? No more deportations unless the illegal is a threat to public safety (or something to that effect). I.e. a criminal (crime other than being here illegally)who is a threat. I.e. A shoplifter etc aint going to get deported anymore. They're only going to deport the hardcore criminals. Further, those characterized as "nonthreats" are encouraged to get work permits.

So... of course this guy isn't going to get deported (unless he is a threat).

I think it's a step in the right direction (in essense it's an amnesty... other than being able to vote, receive SS, etc). We've argued the topic to death like a broken record.

The one thing I think we could probably all agree on is that if Ron Paul wins (which I hope), and ends all welfare programs not only will all the freeloading USC not be able to freeload any longer, but also the illegals that don't have jobs or that were here to perhaps milk the system will go back as well. Further, it will most likely stop the flow of new illegals (at least the poorer ones). It means we won't be supporting illegals, nor poor USC.

That's better than nothing for the anti-illegal crowd.

[rika60607 215]

Not only this is irrelevant to the topic, but also very weird. You do know that Obamacare appeared looong after the problems with healthcare developed and that very little of Obamacare is in force by now? May be you live on another planet

The issue with this guy is that he is gay and that is why he would be facing deportation. Was one of the couple a female or if the federal law was changed to recognize gay marriages, he'd be home safe. He did not enter illegally and he is married to a USC. The only thing standing between him and a GC is that fact that he's gay. So he should get to stay, otherwise this is a case of discrimination based on sexual orientation, which is already banned pretty much everywhere in the US.

Illegals should be deported, although I'd like to see a more humane system than ICE detention when it comes to non-criminals.

A HUGE positive to this is healthcare. After Obama is out and we get rid of all that Obamacare nonsense, doctors can start thriving again. I could actually see doctors setting up office all over the country in all those vacant stripmalls.

[Danno 1,228]

Not only this is irrelevant to the topic, but also very weird. You do know that Obamacare appeared looong after the problems with healthcare developed and that very little of Obamacare is in force by now? May be you live on another planet

The issue with this guy is that he is gay and that is why he would be facing deportation. Was one of the couple a female or if the federal law was changed to recognize gay marriages, he'd be home safe. He did not enter illegally and he is married to a USC. The only thing standing between him and a GC is that fact that he's gay. So he should get to stay, otherwise this is a case of discrimination based on sexual orientation, which is already banned pretty much everywhere in the US.

How do you conclude that?

[rika60607 215]

Conclude what? That discrimination based on sexual orientation is illegal in the US in most places/situations?

How do you conclude that?

[SMR 368]

...The only thing standing between him and a GC is that fact that he's gay. So he should get to stay, otherwise this is a case of discrimination based on sexual orientation, which is already banned pretty much everywhere in the US.

No, the only thing standing between this man and a green card is his lack of a valid basis for adjustment of status. If you can't adjust status, you go home. That's how the system works.

[Usui Takumi 1,562]

No, the only thing standing between this man and a green card is his lack of a valid basis for adjustment of status. If you can't adjust status, you go home. That's how the system works.

Unless you want to try and fight to change the system so that homosexual marriages are Federally recognized. Thats why I don't think he married to avoid deportation, I think he would have married a woman instead.

Edited August 23, 2011 by Sousuke

[rika60607 215]

Same thing.

No, the only thing standing between this man and a green card is his lack of a valid basis for adjustment of status.

...

[Mr. Big Dog 10,747]

Which is probably what the couple in this case did. I do not care that they are gay, but they did violate the law. If they allow anyone to come and get married to avoid deportation, that would be a bad precedent.

I believe in equal rights. If a heterosexual spouse would be deported so should a gay spouse. If the rule is going to change to "if you marry an American you can stay" then just say so and let everyone do it.

A person can enter the US lawfully on a number of different non-immigrant visas, then marry a US citizen and move on to adjust status. All that as long as there was no "intent to immigrate" at the time of entry as a non-immigrant. Provided that no immigrant intent existed at the time of entry and the couple meets all other requirements for the foreign spouse to immigrate, that adjustment of status will work ou just fine. That precedent exists and has existed for quite some time.

The only issue for this particular couple is that while legally married in the US, their marriage is not recognized by the feds. This couple doesn't have equal rights. Yet. All else being equal, a foreign spouse in a hetero marriage would not be subject to deportation but would be able to adjust status. I take it that you then support this foreign spouse not being subject to deportation either?

Edited August 23, 2011 by Mr. Big Dog

[Mr. Big Dog 10,747]

If you had not done what you did, Kip, your wife could be going through this instead of having a green card and path to citizenship. I am glad I did it the right way.

Unless Kip's wife is male, she could very well have entered the US on a non-immigrant visa other than the K-1 or K-3 and, provided that she did not intent to immigrate at the time of entry, could have successfully filed for adjustment of status upon marrying her USC spouse while here. That is a legal path that many have pursued.

Thats why I don't think he married to avoid deportation, I think he would have married a woman instead.

Bingo!