c1 admissions

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Old Jan 11th 2006, 2:22 pm
  #31  
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Default Re: c1 admissions

Originally Posted by zero029
I understand the 2 year conditional pr and the 10 year green card, but if the person is in status, the person has the right to remain, that's the point of being an lpr right?
Perhaps the confusion comes from your misunderstanding of the word "right". All else being equal, an LPR is permitted to stay in the US for as long as he is in status... but he does not have the "right" to stay. Only USCs have the right to stay in the US.

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Old Jan 11th 2006, 2:22 pm
  #32  
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Default Re: c1 admissions

Originally Posted by zero029
A legal permanent resident does not have the right to remain in the U.S. if he or she does not violate status? This doesn't sound right. lol
I understand the 2 year conditional pr and the 10 year green card, but if the person is in status, the person has the right to remain, that's the point of being an lpr right? lol
In the little fictitious case I presented above, assume the lpr in question is in status, no convictions ever, no violations of status of any kind. I don't see how the false claim there was made for anything at all, nothing was gained that the lpr was not already entitled to.
Hi:

Lots of conditions are imposed on LPR's -- don't vote, don't rob banks, etc etc. If a AmCit robs a bank, they go to jail. If an LPR robs a bank, they go to jail and are THEN expelled from the country.
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Old Jan 11th 2006, 2:56 pm
  #33  
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Default Re: c1 admissions

Originally Posted by Folinskyinla
Hi:

Lots of conditions are imposed on LPR's -- don't vote, don't rob banks, etc etc. If a AmCit robs a bank, they go to jail. If an LPR robs a bank, they go to jail and are THEN expelled from the country.

If the US population is lucky that is. Sometimes they are let out and ICE does not have them marked for explusion.
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Old Jan 11th 2006, 2:58 pm
  #34  
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Default Re: c1 admissions

I fully understand that lprs may remain only if they keep themselves in status. This means a lot like you said but when you look at the false claims ground, it's hard to understand, at least for a person with no legal background like me.
In the imaginary case I mentioned, what would be the benefit gained by the false claim if the lpr was in status, never convicted and in compliance with immigration law? I fail to see any benefit there and I think that this ground requires the false claim to be for a benefit that the alien is is not entitled to receive, but maybe this is where I'm mistaken.
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Old Jan 11th 2006, 7:25 pm
  #35  
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Default Re: c1 admissions

Originally Posted by crg14624
The fraud or misreprentation must be of a material fact. That means that had the officer known the truth that the alien would be inadmissible because of it.
I read about a case where an LPR claimed to be a US citizen on an application for a job that only citizens were entitled to have. She was deported.
crg14624, I can see this one is a no brainer lol. This lady got something she was not supposed to get by means of her false claim. But now, if the job was available to anybody authorized to work and not only citizens, would the same deportation be in order? This is what I'm trying to understand. The misrepresentation ground is easier to understand, and it relates to obtaining benefits. But when it comes to false claims, do the same rules apply? Does the claim have to be material or used to cut of a line of questioning that would have resulted in an adverse finding?
I tried to find some court opinions on this and can't. If anybody knows and would like to share.. lol The one that I found is toro/romero and I was told it's a complicated thing and I don't wanna go over my head reading things I won't understand properly.
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