School Paper - Should illegal immigrants (documented and undocumented) be given pathway to US Citizenship?

[POA 175]

5 hours ago, CEE53147 said:

I hope you choose a different topic as the person grading the papers may unconsciously allow his/her opinions to influence your grade.  The topic is just too "hot" at this time.

thanks for the advice.  #1 requirement is the topic should be controversial.

[Dashinka 23,372]

37 minutes ago, POA said:

thanks for the advice.  #1 requirement is the topic should be controversial.

Well, this one certainly is.

 

Good Luck!

[CEE53147 559]

6 hours ago, POA said:

thanks for the advice.  #1 requirement is the topic should be controversial.

 

There are other controversial topics that are less likely to evoke the emotions of this one. This such as uniforms for public school students, the need to go to Mars, ...

[POA 175]

5 minutes ago, CEE53147 said:

 

There are other controversial topics that are less likely to evoke the emotions of this one. This such as uniforms for public school students, the need to go to Mars, ...

 

Any other controversial topic that you can suggest where it does not evoke emotions other than the need to go to Mars?

[Mike E 11,727]

10 hours ago, treppenwitz said:

As mentioned, it's moot.

But I'll appease you: Immigration and Nationality Act, Section 237(a)(1)(C)

It has a huge gap since only aliens who are in a currently valid nonimmigrant status, or who are lawful permanent residents, are clearly not deportable under this section. The gap includes K-1s with pending AOS that have an expired I-94. The US Attorney General solves this by allowing all AOS applicants a period of "authorized stay."

C) Violated nonimmigrant status or condition of entry

(i) Nonimmigrant status violators

Any alien who was admitted as a nonimmigrant and who has failed to maintain the nonimmigrant status in which the alien was admitted or to which it was changed under section 1258 of this title, or to comply with the conditions of any such status, is deportable.

(ii) Violators of conditions of entry

Any alien whom the Secretary of Health and Human Services certifies has failed to comply with terms, conditions, and controls that were imposed under section 1182(g) of this title is deportable.

 

That section discusses deportability.  My wife has maintained her status by virtue of receiving an I-797 dated to before her K-1 expired.  She has violated zero conditions of entry.   

 

Your comments are just fear mongering without any basis for reality.  

[treppenwitz 78]

4 hours ago, Mike E said:

My wife has maintained her status by virtue of receiving an I-797 dated to before her K-1 expired.  She has violated zero conditions of entry.

Cite the statute that says an AOS receipt notice extends a I-94 expiration date (K-1 or otherwise). Quite simply, K-1 nonimmigrant status is not maintained after I-94 expiration; "Pending AOS" is not a status.

4 hours ago, Mike E said:

Your comments are just fear mongering without any basis for reality.  

In reality, this is a non-issue since all AOS applicants have "authorized stay." I'm just pointing out technicalities based on the flawed aforementioned section of the INA.

Edited April 19, 2019 by treppenwitz

[CEE53147 559]

4 hours ago, POA said:

 

Any other controversial topic that you can suggest where it does not evoke emotions other than the need to go to Mars?

 

School uniforms are not likely to cause a riot while discussions on immigration, abortion rights, and other politically sensitive issues are such hot topics that teachers/professors often are biased and some are so unprofessional as to allow the differences to affect a student's grade.  It just isn't worth deliberately getting into the fight unnecessarily.

[POA 175]

8 minutes ago, CEE53147 said:

 

School uniforms are not likely to cause a riot while discussions on immigration, abortion rights, and other politically sensitive issues are such hot topics that teachers/professors often are biased and some are so unprofessional as to allow the differences to affect a student's grade.  It just isn't worth deliberately getting into the fight unnecessarily.

Thanks for the idea. 

[CEE53147 559]

1 hour ago, POA said:

Thanks for the idea.  

 

I am sure you will find a topic.  Look for something in your community.  Since you are likely to be expected to research your topic something where you could attend meetings being held for public discussion is a way to make your paper unique.  For example, in my community there is a discussion on what to do about a park.  There are various factions wanting  different opportunities there.  There are public meetings for these discussions.  This would also give you the option to interview individuals in your community.  It is a "controversial" issue but also allows a writer to show some creativity in approach to the topic.

 

Have fun!

[POA 175]

12 minutes ago, CEE53147 said:

 

I am sure you will find a topic.  Look for something in your community.  Since you are likely to be expected to research your topic something where you could attend meetings being held for public discussion is a way to make your paper unique.  For example, in my community there is a discussion on what to do about a park.  There are various factions wanting  different opportunities there.  There are public meetings for these discussions.  This would also give you the option to interview individuals in your community.  It is a "controversial" issue but also allows a writer to show some creativity in approach to the topic.

 

Have fun!

 

12 minutes ago, CEE53147 said:

 

I am sure you will find a topic.  Look for something in your community.  Since you are likely to be expected to research your topic something where you could attend meetings being held for public discussion is a way to make your paper unique.  For example, in my community there is a discussion on what to do about a park.  There are various factions wanting  different opportunities there.  There are public meetings for these discussions.  This would also give you the option to interview individuals in your community.  It is a "controversial" issue but also allows a writer to show some creativity in approach to the topic.

 

Have fun!

I wish we have a better community. lol. But you've shared a great way to handle it.  My paper won't have an in person debate. All i have to share is the opinion of the 2 sides, one who are against and one that supports it and how the rules in the argument applies to all the opinions.

[Mike E 11,727]

8 hours ago, treppenwitz said:

Cite the statute that says an AOS receipt notice extends a I-94 expiration date (K-1 or otherwise). Quite simply, K-1 nonimmigrant status is not maintained after I-94 expiration; "Pending AOS" is not a status.

In reality, this is a non-issue since all AOS applicants have "authorized stay." I'm just pointing out technicalities based on the flawed aforementioned section of the INA.

I don’t have to prove a negative. 

 

Obviously since AOS are no longer processed completely on 24 hour notice (as they were in 1985 when I got my I-551 stamp a week after marriage) the K-1 visa holder cannot be held criminally responsible if she and her spouse marry and apply for AOS before the visa expires.  

[TBoneTX 43,421]

Basic review:

The K-1 visa is "dead on arrival" upon the beneficiary's admission through U.S. port of entry.

The K-1 petitioner & admitted beneficiary have 90 days (I-94 duration) to marry under the terms of that visa.

Until then, the beneficiary's status is "K-1 entrant."

When they marry, the beneficiary is "eligible for Adjustment."

There's no set deadline to file for AOS.

When they file, the beneficiary is an "applicant for Adjustment," or, more simply, an "Adjustment applicant."

If the beneficiary goes some time without filing, and CBP intervenes, an immigration judge will order the beneficiary to file.

Naturally, it's to the beneficiary's and everyone's benefit to file in timely fashion.

Sometimes, events or poor financial planning interfere with timely filing.

 

This circles around to the OP's potential choice of question:  "Should there be or should there not be a formal deadline by which a K-1 entrant should file for AOS?"

[treppenwitz 78]

9 hours ago, Mike E said:

Obviously since AOS are no longer processed completely on 24 hour notice (as they were in 1985 when I got my I-551 stamp a week after marriage)

You just added proof to the technicality I mentioned. When the relevant section regarding deportability was written K-1 AOS processing was very quick; AOS was processed before the I-94 expired in the supermajority of cases.

9 hours ago, Mike E said:

the K-1 visa holder cannot be held criminally responsible if she and her spouse marry and apply for AOS before the visa expires

In reality, a K-1 holder would not be deported for this; everyone agrees on this. By itself, the INA is flawed regarding deportability; that has been my argument throughout this discussion.

Edited April 20, 2019 by treppenwitz

[POA 175]

14 hours ago, TBoneTX said:

Basic review:

The K-1 visa is "dead on arrival" upon the beneficiary's admission through U.S. port of entry.

The K-1 petitioner & admitted beneficiary have 90 days (I-94 duration) to marry under the terms of that visa.

Until then, the beneficiary's status is "K-1 entrant."

When they marry, the beneficiary is "eligible for Adjustment."

There's no set deadline to file for AOS.

When they file, the beneficiary is an "applicant for Adjustment," or, more simply, an "Adjustment applicant."

If the beneficiary goes some time without filing, and CBP intervenes, an immigration judge will order the beneficiary to file.

Naturally, it's to the beneficiary's and everyone's benefit to file in timely fashion.

Sometimes, events or poor financial planning interfere with timely filing.

 

This circles around to the OP's potential choice of question:  "Should there be or should there not be a formal deadline by which a K-1 entrant should file for AOS?"

This is a good one too!

[jeanieCZ 228]

No, they should not. I believe that one has to stick to the rules and play the game fair, if they want to be treated fair, too. I cannot fathom how people who break the rules (particularly those who do it intentionally) even dare to cry for so-called "rights". 

I already left my home country many years ago and I made sure I knew what I was getting myself into, did everything I was asked to. But still, the illegals give immigrants a bad rep. 

 

When it comes to children of illegal immigrants, I think that's a more sensitive matter....I don't think children should pay for their parents' mistakes, but on the other hand, should a citizenship be granted to a child of an illegal immigrant? I'm inclined to say no to that, too. However, I believe that once the child received citizenship and they live a "normal" life, i.e. got education and job, contribute to the society, stay on the right side of the law etc, then I don't think they should be stripped of the citizenship/deported years later.