US cracking down on overstayers, even if married to US citizens
#46
Re: US cracking down on overstayers, even if married to US citizens
Yep, there is the law and then there is interpretation and application of the law.
My opinion is that ICE is currently being punitive in the application and causing more harm than good.
My opinion is that ICE is currently being punitive in the application and causing more harm than good.
Last edited by nun; Apr 3rd 2017 at 10:40 pm.
#47
Re: US cracking down on overstayers, even if married to US citizens
Looks to me as if they are following the letter of the law since his I-130 was not filed between 1998 and April 30, 2001.
#48
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Re: US cracking down on overstayers, even if married to US citizens
In all the old-time Western (cowboy) movies, there were always "outlaws" among the baddies. Robin Hood was an outlaw, too, further back. By declaring specific individuals to be outlaws, the legal authorities formally and publicly withdrew the protection of the law from them. That made an outlaw a non-person; he didn't legally exist, any more. So anybody could rob, torture or kill him without penalty. The victims of the US laws against "illegal aliens" should be very glad they weren't declared "outlaws"!
#49
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Re: US cracking down on overstayers, even if married to US citizens
I agree with Gordon that it is a good thing criminal protections have evolved and strengthened - and disagree that illegal aliens who get deported are the "victims."
I am not sure the point here. Is it that non-USCs should not have to obey US laws when in the US? Or that being married to a USC exempts you from US law? Or maybe that "stuff that" is a valid justification for breaking the law?
Again, why should I or anyone else bother to obey the law, if others are allowed to say "stuff that" and face no consequences, even when offered multiple paths to compliance over periods of several years.
ICE are not the ones who are breaking up families . . . but personal responsibility is a "no-go zone" these days.
I am not sure the point here. Is it that non-USCs should not have to obey US laws when in the US? Or that being married to a USC exempts you from US law? Or maybe that "stuff that" is a valid justification for breaking the law?
Again, why should I or anyone else bother to obey the law, if others are allowed to say "stuff that" and face no consequences, even when offered multiple paths to compliance over periods of several years.
ICE are not the ones who are breaking up families . . . but personal responsibility is a "no-go zone" these days.
#50
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Re: US cracking down on overstayers, even if married to US citizens
Yes, I did not want to get into the weeds.......the I-130 is the adjustment of status form required in the GC process. Now that ICE is ignoring the route to adjustment of status for undocumented aliens in the US I expect that there will be law suits filed. These cases and "The Dreamers" are certainly an interesting test of both US legislation and maybe the soul of America.
#51
Re: US cracking down on overstayers, even if married to US citizens
The UK seem to be also cracking down on overstayers. Yet another one today.
Popular north London shop worker faces deportation after 26 years in UK | London Evening Standard
Popular north London shop worker faces deportation after 26 years in UK | London Evening Standard
#52
Re: US cracking down on overstayers, even if married to US citizens
So by implication would it be more acceptable to deport him if he was unpopular?
#54
Re: US cracking down on overstayers, even if married to US citizens
The UK seem to be also cracking down on overstayers. Yet another one today.
Popular north London shop worker faces deportation after 26 years in UK | London Evening Standard
Popular north London shop worker faces deportation after 26 years in UK | London Evening Standard
#55
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Re: US cracking down on overstayers, even if married to US citizens
I would argue that a "utilitarian" approach is good in such circumstances. Deporting the non-resident spouse and separating them from their family hurts more innocent people than it punishes guilty ones. Also overstaying a visa is a small infraction. There is little public interest in ripping apart US families...it causes more harm than good. There is the law and then there is the just application of the law and I think ICE is being unjust in such cases.
#56
Re: US cracking down on overstayers, even if married to US citizens
The "utilitarian approach" could cut a different way. I think enforcing the immigration laws somewhat harshly could be good for the whole system in the long run (although harsh for the individuals implicated) by making the rules and system seem predictable and deterring those who wish to take short cuts. As long as amnesty continues to be provided, the next waves will arrive hoping for another amnesty grant.
Last edited by nun; Apr 4th 2017 at 3:12 am.
#57
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Re: US cracking down on overstayers, even if married to US citizens
Good point....how far do we project the "good". Call me a softly and shortsighted, but I'll go with keeping the family together and the kids happy in these cases as was the previous policy. I believe this produces good for the family and good for the greater society too as it encourages people to get into compliance and keeps a family together.
I would hazard a guess if the country took serious measures to deal with the problem and not the symptoms, then perhaps it could be more generous to families already here- but without serious measures lax enforcement of immigration laws just encourages more illegal immigration. Not to mention the effect on wages of the working poor.
#58
Re: US cracking down on overstayers, even if married to US citizens
The UK seem to be also cracking down on overstayers. Yet another one today.
Popular north London shop worker faces deportation after 26 years in UK | London Evening Standard
Popular north London shop worker faces deportation after 26 years in UK | London Evening Standard
#59
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Re: US cracking down on overstayers, even if married to US citizens
"Mr Janokvic is understood to have applied for asylum when he arrived in the country but his application was refused.
It is believed his leave to remain in the country expired in 1999 ........"
So maybe he should've sorted out his status and then he'd have been more popular?
#60
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Re: US cracking down on overstayers, even if married to US citizens
I was last in Yugoslavia 35 years ago, bit I left, not very popular.