Under 18 drug violation and VWP
Jun 23rd 2009, 11:23 pm
#16
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Under 18 drug violation and VWP
He was probably ROFLing at the assumption that everyone in CBP is 100% up to speed on the intricacies of CIMTs and juvenile convictions.
There are also a lot of issues that the State Department, CBP and USCIS disagree on.
As an attorney, he probably sees a great deal of mind boggling and inconsistent applications of the law at the ports of entry. I believe he calls it "janitorial work".
There are also a lot of issues that the State Department, CBP and USCIS disagree on.
As an attorney, he probably sees a great deal of mind boggling and inconsistent applications of the law at the ports of entry. I believe he calls it "janitorial work".
Jun 24th 2009, 1:37 am
#17
Account Closed
Joined: Sep 2002
Posts: 16,266
Re: Under 18 drug violation and VWP
He was probably ROFLing at the assumption that everyone in CBP is 100% up to speed on the intricacies of CIMTs and juvenile convictions.
There are also a lot of issues that the State Department, CBP and USCIS disagree on.
As an attorney, he probably sees a great deal of mind boggling and inconsistent applications of the law at the ports of entry. I believe he calls it "janitorial work".
There are also a lot of issues that the State Department, CBP and USCIS disagree on.
As an attorney, he probably sees a great deal of mind boggling and inconsistent applications of the law at the ports of entry. I believe he calls it "janitorial work".
From the brief I'm finishing up:
"It is well known that Service Centers experience crushing workloads. It is not uncommon for legal errors to be made by inadvertence. Furthermore, in an understandable effort to deal with the workload, resort will often be made to 'boilerplate' expressions. Although 'boilerplate' is an appropriate and useful tool, it cannot be used to avoid an individualized ruling. See Paramasamy v. Ashcroft, 295 F.3rd 1047 (9th Cir. 2002)."
"A careful review of the June 4, 2009 decision shows that CIS has determined that ..." I then added in a footnote that "A cursory reading of the June 4, 2009 decision might suggest that the application was denied due to ... Given the importance of adjustment of status, a cursory reading will not do: a careful review must be made."
I will admit that the footnote is catty -- in Government speak the phrase "After careful review, the record shows that ..." means that a work of fiction and sometimes a historical novel will follow.
The AILA Infonet, in pre-WWW days used to be a restricted CompuServe forum. It was broken down into 23 different subjects. Back in 1994 I posted an item in each subject entitled "Howard Beale" and the message was "I'm mad as hell and I'm not going to take it any more!" I received many messages [the equivalent of PM's here] to the effect of "right on!"
What's funny? If I didn't laugh, I'd cry.
Jun 24th 2009, 12:16 pm
#18
American Expat
Joined: Jan 2004
Posts: 7,598
Re: Under 18 drug violation and VWP
Hi:
From the brief I'm finishing up:
"It is well known that Service Centers experience crushing workloads. It is not uncommon for legal errors to be made by inadvertence. Furthermore, in an understandable effort to deal with the workload, resort will often be made to 'boilerplate' expressions. Although 'boilerplate' is an appropriate and useful tool, it cannot be used to avoid an individualized ruling. See Paramasamy v. Ashcroft, 295 F.3rd 1047 (9th Cir. 2002)."
"A careful review of the June 4, 2009 decision shows that CIS has determined that ..." I then added in a footnote that "A cursory reading of the June 4, 2009 decision might suggest that the application was denied due to ... Given the importance of adjustment of status, a cursory reading will not do: a careful review must be made."
I will admit that the footnote is catty -- in Government speak the phrase "After careful review, the record shows that ..." means that a work of fiction and sometimes a historical novel will follow.
The AILA Infonet, in pre-WWW days used to be a restricted CompuServe forum. It was broken down into 23 different subjects. Back in 1994 I posted an item in each subject entitled "Howard Beale" and the message was "I'm mad as hell and I'm not going to take it any more!" I received many messages [the equivalent of PM's here] to the effect of "right on!"
What's funny? If I didn't laugh, I'd cry.
From the brief I'm finishing up:
"It is well known that Service Centers experience crushing workloads. It is not uncommon for legal errors to be made by inadvertence. Furthermore, in an understandable effort to deal with the workload, resort will often be made to 'boilerplate' expressions. Although 'boilerplate' is an appropriate and useful tool, it cannot be used to avoid an individualized ruling. See Paramasamy v. Ashcroft, 295 F.3rd 1047 (9th Cir. 2002)."
"A careful review of the June 4, 2009 decision shows that CIS has determined that ..." I then added in a footnote that "A cursory reading of the June 4, 2009 decision might suggest that the application was denied due to ... Given the importance of adjustment of status, a cursory reading will not do: a careful review must be made."
I will admit that the footnote is catty -- in Government speak the phrase "After careful review, the record shows that ..." means that a work of fiction and sometimes a historical novel will follow.
The AILA Infonet, in pre-WWW days used to be a restricted CompuServe forum. It was broken down into 23 different subjects. Back in 1994 I posted an item in each subject entitled "Howard Beale" and the message was "I'm mad as hell and I'm not going to take it any more!" I received many messages [the equivalent of PM's here] to the effect of "right on!"
What's funny? If I didn't laugh, I'd cry.
I have Network on DVD. I'll have to pop it in to watch some Howard Beal. What a great movie.
The sad thing is that it's not getting better. It's getting worse.
To the OP: The kid may have a problem getting a visa on public health grounds as a drug user. They consider anyone who has done a drug (such as marijuana) other than experimentally to be a drug user for something like 3 years. Using it one time is considered experimental. Two times or more is not.
