asisflyer

I find no enthusiasm in candidates from either side for last few elections.

It is a sad state of affairs, but these 3rd parties just split the vote of the major parties.

We have the technology for : DIRECT INTERNET REFERENDUM by US CITIZENS on most matters.

Democracy needs to evolve as Technology Evolves. Of course, the new 99% tax bracket for incomes over 250,000 and might just bring about the greatest of all great depressions.

Don't forget the new WHY TRY ACT OF 2016- No household can be under 50k, if you are, Refundable Tax Credit makes up for it. Lawful status not required. Oh damn, I just described the State of the Union address by accident !!! Tripled EIC with current ceilings would effectively produce this. As long as you have children. DACA/DAPA and all new illegals after 5-years here forever can all benefit. Just make sure you file jointly and earn $1 per year and have 3 kids. TRIPLE EIC HE WANTS - Around 6,000 x 3 = 18,000 and 1,000 child tax credit x 3 = 3,000 = 21,000 CASH PAYMENT for $1 Earnings/$0 Taxes Paid.

I read an estimate that non-quota temporary work visas would yield:

186,000,000 new Residents within 6 months.......

186,000,000 * 21,000 CASH OUT = 3.9 TRILLION USD PER YEAR !!! DOUBLE THE FEDERAL BUDGET !!!

this does not consider housing, medical, new unemployment claims, etc.

NOW ADD IN 120,000,000 US households also .....

If everyone wants a fair world:

Then the planetwide average salary would be $3,811 USD in 2012. Make more and you are riding someone else's misfortune.

Reality is its a difficult world. Hard decisions are made in U.S. vs. them style because global equality means an end to the higher standards of living we have in the U.S. Irony is that few in America truly appreciate just how much they do have.

The armchair liberals can save the world one Louis Vuitton bag at a time, not seeing the obvious connection between their EVERYTHING FOR EVERYONE MENTALITY and NEED FOR A DOUBLE MOCHA FRAPPUCINO WITH 1/2 SOY 1/2 WHOLE MILK EGG NOG LATTE. Instead they miss the concept that real equality of this small planet would involve massive sacrifices in comfort and lifestyles that they enjoy.

I read the full 123 pages this morning - noon. There were many very interesting points to be made, several that I had not been aware of prior.

in what galaxy is a mess such as our immigration system comprised of a single line?

yep and then bring up criminal activity - those who wouldn't even benefit from daca and aren't part of the conversation (excepting we can't build jails in this country quick enough and american taxpayers really don't want to pay to jail or deport such folks over and over and over again).

convo goes no where.

So many wrongs.. where to start.

#1 - USCIS does not deny that DACA will delay Green Card Petitions and other benefits... See their website Q&A. Question #6 -- or listen to their briefing to members of congress on same.

#2 - DACA will get abbreviated criminal checks. Green Cards get the full. Originally DACA was going to get the full. this is a bottleneck.

#3 - USCIS has SAID that resources will be pulled from many departments and district offices toward DACA. They acknowledge this.

#4 - In 2012 - 2013 - DACA caused the Green Card petition backlog to increase by 391,000 applications

#5 - Check out the dashboard site on USCIS. You can see the graphs showing easy visual correlations between DACA and lengthy processing delays for other benefits.

#6 - New DACA allows contemporaneous AP filing which creates a common bottle with AP processing for AOS.

#7 - DACA/DACA Renewal/ DAPA all create increased need for EAD processing. Again common bottleneck. See historical delays.

Yeah, you start !

Expected the TRO. I took me several hours to absorb the 100+ pages of the decision. A very good read by the way.

Real question is: How long for 5th circuit appeal to overturn . 1 day. 3 days. 7 days. How long will the current TRO prevail for?

http://www.visajourney.com/forums/topic/536974-200-murders-400-kidnappers-4000-rapists-freed-by-obama-in-2013-many-then-did-it-again/

File to start the clock.

Remember on VWP, there is a different precedent in different court circuits. Google your way into the details.

Also VWP cannot appeal if your turned down. They can issue a Notice to Appear in Immigration Court in this instance.

Then again, if you are turned down and you have USC children, you may be able to camp onto DAPA'esque program in the future.

If turned down for this, there will never be a Notice to Appear.

Ironic to think about the "shadow advantage".

Also read the parens patriae arguments, where specifically the non-statutory notion being debated makes it a far more complicated debate.

I would have presumed that the self-proclaimed "Constitutional Scholar" pushing the executive envelop would have thought through some of these contentions more.

OBAMA et al. in amicus brief tells states claiming injury:

JUST DENY BENEFITS. No schools. No drivers licenses. etc. Deny DACA and DAPA.

PRO-IMMIGRATION tells COURT - STATES CAN JUST DENY DACA/DAPA.

Anyone else find this bizarre?

PRO-IMMIGRATION MADE THIS ARGUMENT AS A WAY TO SUPPORT DACA/DAPA.....

Temporary Restraining Order against DACA GRANTED. I just read the decision. Quite thick.

http://pdfserver.amlaw.com/nlj/texas_immigration_20150216.pdf

I would encourage people to take the time to read the Original Complaint, the Opposition's Amicus Briefs, and the Final Decision.

It is interesting to see the arguments made by each side.

I think the trap up in the Administrative Procedure Act is an interesting angle. DHS is saying that Adjudicators don't have to follow the APA since reviewers are free to make their own decision (have discretion), but the reviewers words, memos, and the USCIS union chief are saying 'No No NO.. we have to rubber stamp. We have no discretion'

If possible, keep this as a 'legal commentary thread' for a more academic debate of the arguments on both sides from statute and filings.

The SESSIONS SENATA Data is beyond scary!!!

It shows a systematic attempt by the Administrative to shut down the enforcement of immigration law.

It shows VIOLENT CONVICTED CRIMINAL (Homocide, Kidnap, Rape) being WILLFULLY FREED instead of TRIED and sneaking back into the U.S. to DO IT ALL OVER AGAIN. Laughing at ICE agents and telling them that they will return to do it again.

And guess what?? The murderer ICE freed murdered again ! The kidnapper ICE freed kidnapped again ! The rapist that ICE freed raped again!!!

ALL THIS HAPPENED by Executive FIAT of the President.

http://www.sessions.senate.gov/public/_cache/files/d5cc9b42-16b4-4279-9f0a-bf7372d7c277/nonenforcement-timeline-updated.pdf

No matter what your opinion is of DACA or Path to Citizenship or anything else. Read this document as ask if the Executive Branch exceeded its authority and whether it fulfilled its Constitutional Responsibility.

Uphold the laws of the United States....... seems not.

5th circuit appeal is nodoubt getting stamped by the clerk today, but whether the appeals court will reverse the TRO..... that is the 2 Trillion dollar question.

THIS SENATE PIECE SHOCKED ME !!! When you read the pages and pages of Executive Orders turning ICE into diaper changers (not a joke!!!!) and blocking Police around the country from enforcing the laws; you really wonder why the Articles of Impeachment aren't already drafted.

ICE RELEASES 36,000 Hard Criminals in 2013 by Executive ORDER !!!. Around 200 convicted Murders included, 400+ convicted kidnappers, and over 5,000 Convicted Rapists (including child victims !!!) .. and guess what... 1,000+ were ARRESTED AGAIN in 2013-2014 with a long list of violent crimes.

http://www.breitbart.com/big-government/2015/02/16/sen-sessions-releases-lengthy-timeline-of-obama-administrations-dismantling-of-immigration-law/

Excellent work Kristin.

Get a free consult from an immigration attorney.. let him discuss the preconceived intent issues with you first.. no one knows for sure if your interviewer would choose to ask those types of questions. Still legal precedent is on your side with a spouse since this intent alone is not enough reason to deny AOS

relax a little.. think about what you might or might not want to do..... after thinking it through about 2 months or so ... marry and do concurrent adjustment.

make sure your answers at point of entry were truthful and there you tourist visa application and interview were truthful first..

If you entered the US on B2 Tourist and did not intend to stay (whether you intended to marry or not although easier to explain if marriage was spontaneous) and then later changed your mind and decide to stay... .... then you did not have pre conceived intent to immigrate at entry.... so again, sounds like no decision has been made yet.... so I presume you didn't have intent on entry as you are only deciding now.

Map it out.... lots of links on here to the paperwork...

best of luck.

Dear Ewok,

I recently lost a long (1 hour plus to write) reply because of 'Aggressive' merging and sorting by an admin.

As we had discussed before, you lose a substantial amount of Site Traffic because of the issue of merging/sorting of threads.

Google and others will downgrade results on the basis of % of bad links encountered on referral. Also people get tired of clicking only to find error messages. You are spidered quite frequently and so the merging effectively turns new links into bad links.

I think we both want to see more traffic and more contributors to this community. We have to consider that overzealous moderation can have a deleterious effect on site traffic, community growth, and ad revenues deriving therefrom.

May I suggest that you recommend to moderators a curtailing or reduction of merges/transfers until an appropriate module can be written to maintain a redirect on the former URL.

My two cents.

Humbly yours,

Damn IT !!!

I spent an hour writing a 1 page detailed response..

but another admin did a MERGE / TRANSFER and then my POST was REJECTED since the original post no longer existed..

I understand the value on sorting but its messed up Site Traffic, Search Engine indexing is lost, Bad Links downgrade SEO results, and also people writing replies lose their replies if it happens at the same time .

Don't have the energy to write a long reply again.

When she arrived as B2 Tourist - was her intent to Visit or to Stay ?

What questions was she asked at Point of Entry ?

Yes, you most certainly are.

The President can take unilateral military action without Congressional consent for 90 days pursuant to the War Powers Act. He has a pre-existing Bush Era declaration in addition to the WPA that he can rely on. He has no need to seek Congressional approval to "begin" this process.

Is it meant as some form of goodwill to make Congress feel that they exist again? A return to a 3 branch system?

The Immigration and Naturalization Act on the other hand, he interprets executive enforcement privilege to mean the creation of entirely new policy otherwise legally in contravention of the INA itself. For instance, a strict interpretation of the INA, requires that a LEO who fails to detain an illegal has committed a crime. Every LEO sworn to uphold the laws of the United States must choose between breaking their oath and following a President directive that orders illegal acts.

Thus my point. It is ironic !!! and well beyond Watergate!

He ASKS CONGRESS when the law does not require it (War Powers Act)

He DOES NOT ASK CONGRESS when the law does require it (INA )

Confused?

if you are illegal and hide for 5 years --- you get to re-file 3 years of returns for EIC tax credits ... which can max out at $24,000..

http://www.weeklystandard.com/blogs/amnesty-bonuses-tax-code-illegal-immigrants-receive-earned-income-tax-credit_841496.html

If you keep talking about DACA issue, the thread will be "merged" with other threads by one of the mods to make sure its buried in General Immigration causing Google's index to the link be redirected to a 'not found' page ..

watched it happen 5+ times. I don't think the admin realizes that the mods are doing this,.

If the illegal immigration issue went to public referendum, one-citizen one-vote, recent polling suggests there would be no-DACA, no illegal forgiveness, and potentially a budget for mass deportation.

I would bet there will be a large increase in border crossing now in anticipation of DACA #3, 4, 5...... etc. every few years and slowly changing from 5-years of continuous residence down to 3- to where the new de facto immigration pathway to the U.S. is:

1. Run the border.

2. Ride it out until DACA is met - marry US Citizen while here

3. Obtain AP on DACA

4. Leave country and come back on AP.

5. File Concurrent I-130/I-485 immediately upon return

6. Get green card - all forgiven

7. 3-years later naturalize

5 years + 6 month process time (DACA) + 6 month (AOS) process + 3 years married = 11.35 years to Citizenship assuming a fresh run and a timely DACA #N

For illegal already here 5 years.

1. Apply DACA and Marry US Citizen - (Wait 6 months for processing)

2. Get AP and leave country and return --- self-deport and self-reimport

3. File I-130-I-485 - wait 6 months for AOS process

4. 3 years married to naturalize

about 4 years to vote..

2012 DACA apps - approved in 2013 say

1. Marry USC, Obtain AP, take 1 day trip across border and return.

2. Enter Parole, Filing I-130/I-485, AOS (6 months to process)

3. 3 year as LPR with USC Spouse and naturalize.

2012 DACA cases will be naturalizing by 2017. Short Term democratic votes.

Again, this is modern day VOTE BUYING !!!

I disagree with a few technical points mentions by the commenter above. Specifically related to Foreign Unearned Income and LPR. LPR can only use 330 day physical presence test. LPR cannot use Bona Fide Foreign Resident for FEI. LPR attests to domicile or intent to domicile in US so how can there be a bona fide intent to not be.

If AOS applicant had appreciable foreign income without sufficient deductions and was granted LPR status in the Calendar year, they can and do have double taxation issues arise and would generally take the Foreign Tax Credit for anything they paid on their foreign income since its nearly impossible for them to do FEI with 330 day physical presence and as I said before, the Bona Fide method on the LPR does not work. If LPR not granted, then physical presence takes over. USC is different story.

METHOD

1. The calendar year in which an LPR is approved, LPR becomes a resident for tax purpose retroactive to January 1st of that year. AKA Green Card Test. YOU DID NOT HAVE GC IN 2014 SO YOU CAN IGNORE THIS TEST for 2014.

2. The day at which the Alien reaches 183 days presence in a calendar year OR the # Days Current year + (Days-last-yr /3 ) + (Days-2yrs-back / 6) reaches 183.

You calculate the EXACT DATE at which you first MET THE PHYSICAL PRESENCE TEST standard.

So calculate the date at which you reached the 183 days in 2014. 3.6 + (4 + 8.3) + 62 through your first trip in 2014 = 78... 183 less 78 = 105 .. so 105 days forward from Aug 20 return date. Puts you pretty close to the end of the year (around December 2014) where you changed from NRA to Resident for tax purposes.

You then SPLIT. On that date. You were a Non-Resident Alien (NRA) up to that point and a Tax Resident after it. NOW this does not mean you necessarily have to file a return as the commenter said as it will vary with the standards for each form. 1040 NR for Part 1 of the year .... and 1040 for Part II.. .each written clearly on the heading DUAL STATUS RETURN or whatever text is recommended written on top of each in the IRS booklet for Aliens Taxpayers.

Non Resident Alien Period - If the Australia money was from an Australia company and not owned by an American and you had No Investments, Trades, or other US business transactions (see the big list in the 1040NR instructions) and you had no US income derived during you early trip to US that year. Then most likely you would not meet to requirement to file this.

Resident Alien Period - You had your EAD perhaps. But did you exceed the typical US standard deductions. TurboTax and the like can help with this. Just put in data relevant to 2014 period at the end of the year. I am guessing you don't meet the standard to file either.

If that occurs, you wound up with no paperwork and your husband filed as MARRIED FILING SEPARATELY and where it asks for your social he writes NRA on his.

NOW If you attempt to file Jointly with your Husband in 2014, it will be an election for the Non-Resident to be Resident for tax purposes. You will have to disclose the Australia income and as an LPR candidate, you lose the ability to file for Bona Fide method for foreign earned income and you also do not meet physical presence test. If you file jointly, your joint return will show the AUSSIE income on the return and take a Foreign Tax Credit for the aussie taxes.

SO Married File Separately. Makes life easier. Especially if you are in a community property state !!!!

THE PRESIDENT should issue EXECUTIVE ACTION similar to below to KEEP AMERICAN FAMILIES TOGETHER while DACA DOMINATES USCIS RESOURCES:

1. Broaden the K-3 visa class to be a true 5-year Non-Immigrant Spouse VISA issued as simply as a Tourist Visa but with dual intent (re-invent it like it should have always been)

(think about typical EU 5-year non immigrant spouse visas, give expats, contractors, military, as easy way to keep family together) Put basic anti-fraud restrictions in.

2. ALTERNATIVELY, Administratively order Consulates, CBP, and the USCIS that the "Non-Immigrant Intent" aspect of the B1/B2 visas does not apply for Immediate Relatives of US Citizens. You could also call this a BX or BM visa. Order priority appointments for B visa interviews to US Citizen immediate relatives. You will re-unite 100,000+ US Citizen families within 45 days !!! After first 6 months - USC should have to be with spouse at POE

3. Change existing or create new visa class K/IR that can have < 30 day process/consular approvals, Dual Intent, Rapid Approval. Not Required if 1 or 2 is adopted !!!

4. Set Process Standard of 120 Days for K1/K3/CR1/IR1 to create legal path for Writs of Mandamus to push USCIS hand to keep families together

5. Authorize SSA to issue temporary 3-month SSA to anyone with proof of marriage to a US Citizen and LAWFUL ADMISSION STATUS. Make this Electronic !!!

6. Authorize employers to hire anyone with proof of marriage to a US Citizen, lawful immigration status, and Interim SSN (above) for a period of up to 90 days without E-Verify Approval.

Maybe he can wait in prison in U.S. long enough to qualify for 5-years continuous residence in time for DACA #3 ?

or Perhaps the 2021 DACA #16 with Homocide & Genocide Waiver.

Hi Catherine,

Thanks for posting those NY Times links. They seemed familiar, so I think I had read them before.

The piece on the separated families is exactly the point here.

If the Executive branch can is Issue AP and Work Permits for Deferred Action Deportees and waive Lifetime bans, then certainly he can:

1. Broaden the K-3 visa class to be a true 5-year Non-Immigrant Spouse VISA issued as simply as a Tourist Visa but with dual intent (re-invent it like it should have always been)

(think about typical EU 5-year non immigrant spouse visas, give expats, contractors, military, as easy way to keep family together) Put basic anti-fraud restrictions in.

2. ALTERNATIVELY, Administratively order Consulates, CBP, and the USCIS that the "Non-Immigrant Intent" aspect of the B1/B2 visas does not apply for Immediate Relatives on US Citizens. You could also call this a BX or BM visa. Order priority appointments for B visa interviews to US Citizen immediate relatives. You will re-unite 100,000+ US Citizen families within 45 days !!! After first 6 months - USC should have to be with spouse at POE

3. Change existing or create new visa class K/IR that can have < 30 day process/consular approvals, Dual Intent, Rapid Approval. Not Required if 1 or 2 is adopted !!!

4. Set Process Standard of 120 Days for K1/K3/CR1/IR1 to create legal path for Writs of Mandamus to push USCIS hand to keep families together

5. Authorize SSA to issue temporary 3-month SSA to anyone with proof of marriage to a US Citizen and LAWFUL ADMISSION STATUS. Make this Electronic !!!

6. Authorize employers to hire anyone with proof of marriage to a US Citizen, lawful immigration status, and Interim SSN (above) for a period of up to 90 days without E-Verify Approval.

any others?