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Cancellation of Removal for Non-Permanent Residents
Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--
1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
The application form for non-LPR-based Cancellation of Removal is the EOIR-42B.
That's the 1996 Clinton Amnesty. I think it only applied to people who met those conditions on or prior to some date in 1997. Does it still apply today? That wasn't my impression from that bill back in the 90's. There was supposed to be a cut-off date. _________________ "A Nation Without Borders Is Not A Nation." Ronald Reagan "SAVE AMERICA, DEPORT CONGRESS." Judy
So since these laws are already enacted, we do not need any new laws to assure that removal of illegals is in violation of current law. If the guy drives with a stolen plate or no license, citizen or not, he has violated a law. With illegals, they have compounded the violation of law by being here illegally in the first place, many committing document fraud, etc., and other violations of federal, state and local laws.
I have always wondered why the illegals are afforded Constitutional rights in the first place, since technically they are not even here. _________________ Immigration is not a right that belongs to anybody and everybody who wants to come here. It is a privilege we Americans alone decide to convey. - Patrick J. Buchanan
Judy it still exists but the bar is set very high and so often even those who could qualify do not bother. There are also employment based waivers which are difficult to obtain. It sets up a situation in which any potential sponsor calling to have the US issue general amnesty based on individual merit can be asked why they have not gone forward in seeking a waiver if their own relative or employee is that important to them. They would tell you that it does not produce a guaranteed outcome. However US immigration access and limits are supposed to be set for our benefit not theirs. Many of the potential individual amnestees are left waiting in hope for general amnesty under "comprehesive immigration reform" by their people not going to bat efore USCIS for them.
Lou has set the door open for what LULAC and NCLR would consider a continued but more nuanced hardline.
Cancellation of Removal for Non-Permanent Residents
Pursuant to INA §240A(b), cancellation is available to a non-permanent resident of the United States in any immigration status who--
1) Has continuously resided in the United States for at least ten years; and
2) Has been a person of good moral character throughout this time; and
3) Is not otherwise subject to criminal bars arising from a conviction of any crime outlined in INA §212(a)(2), §237(a)(2), or §237(a)(3); and
4) Establishes that removal would result in "exceptional and extremely unusual hardship" to the alien's spouse, parent, or child who is a United States citizen or legal permanent resident.
The application form for non-LPR-based Cancellation of Removal is the EOIR-42B.
You be the judge but I think wikipedia has not correctly stated USCIS Law.
Sec. 240A. 1/ (a) Cancellation of Removal for Certain Permanent Residents.-The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien-
(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-
(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an [b]alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-[/b]
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
Remember the term "lawfully admitted?" To be listed as a non-permanent resident you have to have been admitted into this country LEGALLY and have not established or been granted permanent residence status. Illegal aliens are not non-permanent residents. _________________ Certified Member
The Sons of the Republic of Texas
SRT#08613
This is the US Code as cited by Cornell Law. It applies to aliens who were not lawfully admitted as well. Trust me I work for ICE and I see EWI's(Aliens who Entered Without Inspection) get granted Cancellation from the Immigration courts all the time.
TITLE 8 > CHAPTER 12 > SUBCHAPTER II > Part IV > § 1229bPrev | Next § 1229b. Cancellation of removal; adjustment of status
(a) Cancellation of removal for certain permanent residents
The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien—
(1) has been an alien lawfully admitted for permanent residence for not less than 5 years,
(2) has resided in the United States continuously for 7 years after having been admitted in any status, and
(3) has not been convicted of any aggravated felony.
(b) Cancellation of removal and adjustment of status for certain nonpermanent residents
(1) In general
The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien—
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 1182 (a)(2), 1227 (a)(2), or 1227 (a)(3) of this title, subject to paragraph (5); and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien’s spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
(2) Special rule for battered spouse or child
(A) Authority
The Attorney General may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien demonstrates that—
(i)
(I) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a United States citizen (or is the parent of a child of a United States citizen and the child has been battered or subjected to extreme cruelty by such citizen parent);
(II) the alien has been battered or subjected to extreme cruelty by a spouse or parent who is or was a lawful permanent resident (or is the parent of a child of an alien who is or was a lawful permanent resident and the child has been battered or subjected to extreme cruelty by such permanent resident parent); or
(III) the alien has been battered or subjected to extreme cruelty by a United States citizen or lawful permanent resident whom the alien intended to marry, but whose marriage is not legitimate because of that United States citizen’s or lawful permanent resident’s bigamy;
(ii) the alien has been physically present in the United States for a continuous period of not less than 3 years immediately preceding the date of such application, and the issuance of a charging document for removal proceedings shall not toll the 3-year period of continuous physical presence in the United States;
(iii) the alien has been a person of good moral character during such period, subject to the provisions of subparagraph (C);
(iv) the alien is not inadmissible under paragraph (2) or (3) of section 1182 (a) of this title, is not deportable under paragraphs (1)(G) or (2) through (4) of section 1227 (a) of this title, subject to paragraph (5), and has not been convicted of an aggravated felony; and
(v) the removal would result in extreme hardship to the alien, the alien’s child, or the alien’s parent.
(B) Physical presence
Notwithstanding subsection (d)(2) of this section, for purposes of subparagraph (A)(ii) or for purposes of section 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence if the alien demonstrates a connection between the absence and the battering or extreme cruelty perpetrated against the alien. No absence or portion of an absence connected to the battering or extreme cruelty shall count toward the 90-day or 180-day limits established in subsection (d)(2) of this section. If any absence or aggregate absences exceed 180 days, the absences or portions of the absences will not be considered to break the period of continuous presence. Any such period of time excluded from the 180-day limit shall be excluded in computing the time during which the alien has been physically present for purposes of the 3-year requirement set forth in this subparagraph, subparagraph (A)(ii), and section 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).
(C) Good moral character
Notwithstanding section 1101 (f) of this title, an act or conviction that does not bar the Attorney General from granting relief under this paragraph by reason of subparagraph (A)(iv) shall not bar the Attorney General from finding the alien to be of good moral character under subparagraph (A)(iii) or section 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996), if the Attorney General finds that the act or conviction was connected to the alien’s having been battered or subjected to extreme cruelty and determines that a waiver is otherwise warranted.
(D) Credible evidence considered
In acting on applications under this paragraph, the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Attorney General.
(3) Recordation of date
With respect to aliens who the Attorney General adjusts to the status of an alien lawfully admitted for permanent residence under paragraph (1) or (2), the Attorney General shall record the alien’s lawful admission for permanent residence as of the date of the Attorney General’s cancellation of removal under paragraph (1) or (2).
(4) Children of battered aliens and parents of battered alien children
(A) In general
The Attorney General shall grant parole under section 1182 (d)(5) of this title to any alien who is a—
(i) child of an alien granted relief under section 1229b (b)(2) or 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996); or
(ii) parent of a child alien granted relief under section 1229b (b)(2) or 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996).
(B) Duration of parole
The grant of parole shall extend from the time of the grant of relief under subsection (b)(2) of this section or section 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to the time the application for adjustment of status filed by aliens covered under this paragraph has been finally adjudicated. Applications for adjustment of status filed by aliens covered under this paragraph shall be treated as if the applicants were VAWA self-petitioners. Failure by the alien granted relief under subsection (b)(2) of this section or section 1254 (a)(3) of this title (as in effect before the title III–A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) may result in revocation of parole.
(5) Application of domestic violence waiver authority
The authority provided under section 1227 (a)(7) of this title may apply under paragraphs (1)(B), (1)(C), and (2)(A)(iv) in a cancellation of removal and adjustment of status proceeding.
(6) Relatives of trafficking victims
(A) In general
Upon written request by a law enforcement official, the Secretary of Homeland Security may parole under section 1182 (d)(5) of this title any alien who is a relative of an alien granted continued presence under section 7105 (c)(3)(A) of title 22, if the relative—
(i) was, on the date on which law enforcement applied for such continued presence—
(I) in the case of an alien granted continued presence who is under 21 years of age, the spouse, child, parent, or unmarried sibling under 18 years of age, of the alien; or
(II) in the case of an alien granted continued presence who is 21 years of age or older, the spouse or child of the alien; or
(ii) is a parent or sibling of the alien who the requesting law enforcement official, in consultation with the Secretary of Homeland Security, as appropriate, determines to be in present danger of retaliation as a result of the alien’s escape from the severe form of trafficking or cooperation with law enforcement, irrespective of age.
(B) Duration of parole
(i) In general The Secretary may extend the parole granted under subparagraph (A) until the final adjudication of the application filed by the principal alien under section 1101 (a)(15)(T)(ii) of this title.
(ii) Other limits on duration If an application described in clause (i) is not filed, the parole granted under subparagraph (A) may extend until the later of—
(I) the date on which the principal alien’s authority to remain in the United States under section 7105 (c)(3)(A) of title 22 is terminated; or
(II) the date on which a civil action filed by the principal alien under section 1595 of title 18 is concluded.
(iii) Due diligence Failure by the principal alien to exercise due diligence in filing a visa petition on behalf of an alien described in clause (i) or (ii) of subparagraph (A), or in pursuing the civil action described in clause (ii)(II) (as determined by the Secretary of Homeland Security in consultation with the Attorney General), may result in revocation of parole.
(C) Other limitations
A relative may not be granted parole under this paragraph if—
(i) the Secretary of Homeland Security or the Attorney General has reason to believe that the relative was knowingly complicit in the trafficking of an alien permitted to remain in the United States under section 7105 (c)(3)(A) of title 22; or
(ii) the relative is an alien described in paragraph (2) or (3) of section 1182 (a) of this title or paragraph (2) or (4) of section 1227 (a) of this title.
(c) Aliens ineligible for relief
The provisions of subsections (a) and (b)(1) of this section shall not apply to any of the following aliens:
(1) An alien who entered the United States as a crewman subsequent to June 30, 1964.
(2) An alien who was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101 (a)(15)(J) of this title, or has acquired the status of such a nonimmigrant exchange alien after admission, in order to receive graduate medical education or training, regardless of whether or not the alien is subject to or has fulfilled the two-year foreign residence requirement of section 1182 (e) of this title.
(3) An alien who—
(A) was admitted to the United States as a nonimmigrant exchange alien as defined in section 1101 (a)(15)(J) of this title or has acquired the status of such a nonimmigrant exchange alien after admission other than to receive graduate medical education or training,
(B) is subject to the two-year foreign residence requirement of section 1182 (e) of this title, and
(C) has not fulfilled that requirement or received a waiver thereof.
(4) An alien who is inadmissible under section 1182 (a)(3) of this title or deportable under section 1227 (a)(4) of this title.
(5) An alien who is described in section 1231 (b)(3)(B)(i) of this title.
(6) An alien whose removal has previously been cancelled under this section or whose deportation was suspended under section 1254 (a) of this title or who has been granted relief under section 1182 (c) of this title, as such sections were in effect before September 30, 1996.
(d) Special rules relating to continuous residence or physical presence
(1) Termination of continuous period
For purposes of this section, any period of continuous residence or continuous physical presence in the United States shall be deemed to end
(A) except in the case of an alien who applies for cancellation of removal under subsection (b)(2) of this section, when the alien is served a notice to appear under section 1229 (a) of this title, or
(B) when the alien has committed an offense referred to in section 1182 (a)(2) of this title that renders the alien inadmissible to the United States under section 1182 (a)(2) of this title or removable from the United States under section 1227 (a)(2) or 1227 (a)(4) of this title, whichever is earliest.
(2) Treatment of certain breaks in presence
An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsections (b)(1) and (b)(2) of this section if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.
(3) Continuity not required because of honorable service in Armed Forces and presence upon entry into service
The requirements of continuous residence or continuous physical presence in the United States under subsections (a) and (b) of this section shall not apply to an alien who—
(A) has served for a minimum period of 24 months in an active-duty status in the Armed Forces of the United States and, if separated from such service, was separated under honorable conditions, and
(B) at the time of the alien’s enlistment or induction was in the United States.
(e) Annual limitation
(1) Aggregate limitation
Subject to paragraphs (2) and (3), the Attorney General may not cancel the removal and adjust the status under this section, nor suspend the deportation and adjust the status under section 1254 (a) of this title (as in effect before September 30, 1996), of a total of more than 4,000 aliens in any fiscal year. The previous sentence shall apply regardless of when an alien applied for such cancellation and adjustment, or such suspension and adjustment, and whether such an alien had previously applied for suspension of deportation under such section 1254 (a) of this title. The numerical limitation under this paragraph shall apply to the aggregate number of decisions in any fiscal year to cancel the removal (and adjust the status) of an alien, or suspend the deportation (and adjust the status) of an alien, under this section or such section 1254 (a) of this title.
(2) Fiscal year 1997
For fiscal year 1997, paragraph (1) shall only apply to decisions to cancel the removal of an alien, or suspend the deportation of an alien, made after April 1, 1997. Notwithstanding any other provision of law, the Attorney General may cancel the removal or suspend the deportation, in addition to the normal allotment for fiscal year 1998, of a number of aliens equal to 4,000 less the number of such cancellations of removal and suspensions of deportation granted in fiscal year 1997 after April 1, 1997.
(3) Exception for certain aliens
Paragraph (1) shall not apply to the following:
(A) Aliens described in section 309(c)(5)(C)(i) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (as amended by the Nicaraguan Adjustment and Central American Relief Act).
(B) Aliens in deportation proceedings prior to April 1, 1997, who applied for suspension of deportation under section 1254 (a)(3) of this title (as in effect before September 30, 1996).
Last edited by ICEstorm on Thu Nov 26, 2009 12:19 am; edited 3 times in total
There are two types of Cancellation of Removal that available to an alien in removal proceedings.
Section A; for Lawful Permanent Residents: In order to request this type of cancellation of removal, an alien must demonstrate: (1) he has been an alien lawfully admitted for permanent residence status for not less than five (5) years; (2) he has resided in the United States continuously for seven (7) yeras after having been admitted in any status; (3) he has not been convicted of an "aggravated felony" as defined by the Immigration laws (See section 101(a)(43) of the Act.) [e.g., regardless of how the State Court characterized the offense, such as non-dangerous or non-aggravated, an offense may still be designated as an "aggravated felony" under Federal immigration law.
Section B; for non-permanent resident aliens (undocumented, nonimmigrants, etc.): In order for an alien to request this type of cancellation of removal, an alien must demonstrate: (1) he has been physically present in the United States for ten (10) years preceding the date of the request; (2) he has been a person of good moral character during those ten (10) years (e.g., no criminal/immigration record); (3) he has not been convicted of an offense as described under §§ 212(a)(2) [controlled substance violations, crimes involving moral turpitude], 237(a)(2) [deportable criminal offenses], 237(a)(3) [documentary fraud]; (4) that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child who is a citizen of the United States or a lawful permanent resident..
Please note that under either option of cancellation of removal, an Immigration Judge will balance certain positive factors against negative factors in determining whether an alien should be permitted to remain in the United States. In the case of Section A Cancellation, a granted application will have the effect of allowing the lawful permanent resident to maintain his status and remain in the United States. In the case of Section B Cancellation, a granted application will have the effect of allowing an undocumented alien or nonimmigrant to become a permanent resident of the United States. An Immigration Judge will consider such factors as family ties, history of employment, community service, long residency in the United States, property & assets, criminal record, immigration violations, rehabilitation & remorse, etc. Both types of applications for Cancellation of Removal are discretionary in nature, permitting an Immigration Judge to grant or deny the application as he deems fit. Even if an alien can demonstrate all of the above factors, this does not mean that an application will be granted, only that he has demonstrated prima facie (minimum standards for eligibility) eligibility.
An application for Cancellation of Removal under § 240A(a) must be made on Form EOIR-42A. An application for Cancellation of Removal under § 240A(b) must be made on Form EOIR-42B. Both applications require a filing fee of $100 to be paid to the U.S. INS. Additionally, applicants must pay a $25 fingerprinting fee to the U.S. INS. Both types of applications should be submitted with a Biographic Information Form, Form G-325A and supporting documentation and exhibits to demonstrate eligibility for the requested relief.
Judy it still exists but the bar is set very high and so often even those who could qualify do not bother. There are also employment based waivers which are difficult to obtain. It sets up a situation in which any potential sponsor calling to have the US issue general amnesty based on individual merit can be asked why they have not gone forward in seeking a waiver if their own relative or employee is that important to them. They would tell you that it does not produce a guaranteed outcome. However US immigration access and limits are supposed to be set for our benefit not theirs. Many of the potential individual amnestees are left waiting in hope for general amnesty under "comprehesive immigration reform" by their people not going to bat efore USCIS for them.
Lou has set the door open for what LULAC and NCLR would consider a continued but more nuanced hardline.
I see. I didn't know that the Clinton Amnesty was still available. Thank you for this information, Richard. What a bummer! Amnesty never ends, so can you imagine what this next amnesty will be like? It will be eternal legalized illegal immigration.
We have to be firm and vigilant without compromise. We have to vet these candidates just like we've done with Palin and Dobbs, get to the root of their beliefs and if there's even the slightest nod for amnesty in any form, legalization at any time, under any condition or circumstance, the we turn our backs and walk away. I'd rather spend our time and money stacking the Congress with no amnesty, no shamnesty, no legalization, no guest worker permits, and reduced legal immigration candidates than spend a dime on a Presidential candidate who is going to prattle about "civil rights", "humane treatment", "why they come here ... for health" or even suggest that any Sheriff should be prosecuted for arresting and detaining illegal aliens because they're treated the same as US citizens.
Illegal aliens should all be deported every last one of them with their families intact including all minor children.
I hope Lou Dobbs understands how disappointed so many of us are with his recent statements and positions. _________________ "A Nation Without Borders Is Not A Nation." Ronald Reagan "SAVE AMERICA, DEPORT CONGRESS." Judy
Joined: May 22, 2006 Posts: 1933 Location: Houston, Texas
Posted: Wed Nov 25, 2009 10:48 pm Post subject:
ICEstorm wrote:
This is the US Code as cited by Cornell Law. It applies to aliens who were not lawfully admitted as well. Trust me I work for ICE and I see EWI's(Aliens who Entered Without Inspection) get granted Cancellation from the Immigration courts all the time.
I would feel much better seeing this in US Law rather than some attorney's web page. Not trying to start an argument, but the US Justice Department and USCIS have all immigration laws listed. I am still not finding anywhere that illegal aliens can be given amnesty.
Quote:
An application for Cancellation of Removal under § 240A(a) must be made on Form EOIR-42A. An application for Cancellation of Removal under § 240A(b) must be made on Form EOIR-42B. Both applications require a filing fee of $100 to be paid to the U.S. INS.
This for in no way mentions anything about illegal aliens and in fact is titled Application for Cancellation of Removal for
Certain Permanent Residents
Sorry, I don't work for ICE, just a good old fashion taxpayer who doesn't believe yet that illegal aliens are rewarded for breaking our laws. The amount they have to to pay according to your posting would only be $125. That makes little sense as it cost $455 for a K-3 Visa, $ 1,010 to have status adjusted, $465.00 to have conditions removed from permanent residence, $1,370.00 for a temporary residence's application for permanent residence. Heck, it costs $320 for most non-immigrant worker visas and $305.00 for a mere travelers visa.
If what you are claiming is true then it makes little sense to come here legally and more sense to just crawl over the border and hide in an immigrant community for 10 years and ask for amnesty. _________________ Certified Member
The Sons of the Republic of Texas
SRT#08613
Wow, you are a hard man to convince I see. Even though I have already cited three different sources and have personally been witness to it on a regular basis, you still have doubts. Cornell Law and Wikapedia are pretty reputable sources.
That application you provided a link for is the one that the Permanent Residents fill out who are in removal proceedings.
There is a seperate application which non permanent residents must complete which is this one:
Notice in the "who is NOT eligible" section, undocumented aliens, inadmissable aliens, which is a fancy term for illegal aliens are not included on the list, except for inadmissible aliens under INA 212(a)(3), which relates to terrorism activities, and serious criminal convictions.
In the citation from Cornell law which I posted, every time you see the word inadmissible, which I highlighted in red, that describes illegal aliens who were not "admitted" into the country. Aliens who have been admitted include those who entered on visas and Lawful Permanent Residents.
INA 212(a)(6)(A)(i):
Illegal entrants and immigration violators.-
(A) 8/ ALIENS PRESENT WITHOUT admission or parole.-
(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
P.S. Cancellation is only one form of Amnesty which currently exists. There is also Political Asylum, Convention Against Torture, Suspension of Deportation, Witholding of Removal, and Temporary Protected Status, just to name a few. You can look all of them up.
Joined: May 22, 2006 Posts: 1933 Location: Houston, Texas
Posted: Thu Nov 26, 2009 9:35 am Post subject:
ICEstorm wrote:
Wow, you are a hard man to convince I see. Even though I have already cited three different sources and have personally been witness to it on a regular basis, you still have doubts. Cornell Law and Wikapedia are pretty reputable sources.
Yep I have a head as hard as a rock, especially since I spent 7 years of my life personally dealing with immigration law all by myself.
I prefer to see a reference right out of the USCIS web site. They do have a section titled "LAW" where all of this stuff can be found. The US Justice Department also has a section. Wikipedia is not a very reliable source. From what I understand anyone can make changes to the material there if you have an account. In fact, "Wikipedia, the free encyclopedia that anyone can edit." _________________ Certified Member
The Sons of the Republic of Texas
SRT#08613
Well, I don't know what else I can do to prove it to you except to say go ask any Immigration Judge, Immigration lawyer in the country and they will all tell you the same thing. If you want to be in denial, then there is nothing more I can do. I think I made it pretty clear to everyone else on this site, because so far you are the only one who has questioned me.
I have personally locked up over 500 illegal Aliens in my career, most of whom were hardened criminals in addition to being illegal. I would say a good 5% of them were granted amnesty by the Immigration courts. Much like the Criminal Justice system, not everyone who gets arrested is convicted.
P.S. I am only the messenger, I am not an advocate or a promoter of these laws. I just want to educate those who are not aware that amnesty under certain conditions arleady exists and is granted all the time to certain aliens.
Well, I don't know what else I can do to prove it to you except to say go ask any Immigration Judge, Immigration lawyer in the country and they will all tell you the same thing. If you want to be in denial, then there is nothing more I can do. I think I made it pretty clear to everyone else on this site, because so far you are the only one who has questioned me.
I have personally locked up over 500 illegal Aliens in my career, most of whom were hardened criminals in addition to being illegal. I would say a good 5% of them were granted amnesty by the Immigration courts. Much like the Criminal Justice system, not everyone who gets arrested is convicted.
P.S. I am only the messenger, I am not an advocate or a promoter of these laws. I just want to educate those who are not aware that amnesty under certain conditions arleady exists and is granted all the time to certain aliens.
I am watching as well. I wouldn't trust wikipedia's definition either. 80 % of Americans do not want an Amnesty, and We The People, not special interest groups, rule this nation. As 80 % of the population does not want an amnesty, the ruling stands... No Amnesty. The Majority rules in this country, not illegal aliens, or their buddies. That is my take on the subject. How bout that? The United States has spoken... No Amnesty. Illegals go home to wherever you came from... you lost...neiner, neiner, neiner!
INA: ACT 240A - CANCELLATION OF REMOVAL; ADJUSTMENT OF STATUS
(b) CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS FOR CERTAIN NONPERMANENT RESIDENTS.-
(1) IN GENERAL.-The Attorney General 2/ may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, an alien who is inadmissible or deportable from the United States if the alien-
(A) has been physically present in the United States for a continuous period of not less than 10 years immediately preceding the date of such application;
(B) has been a person of good moral character during such period;
(C) has not been convicted of an offense under section 212(a)(2), 237(a)(2) , or 237(a)(3) , subject to paragraph (5) 2a/ 5/ ; and
(D) establishes that removal would result in exceptional and extremely unusual hardship to the alien's spouse, parent, or child, who is a citizen of the United States or an alien lawfully admitted for permanent residence.
The definition of an inadmissible alien according to USCIS.gov:
(A) 8/ ALIENS PRESENT WITHOUT admission or parole.-
(i) In general.-An alien present in the United States without being admitted or paroled, or who arrives in the United States at any time or place other than as designated by the Attorney General, is inadmissible.
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