DACA and the implications for ROC

[Cyberfx1024 7,980]

6 hours ago, Keith & Arileidi said:

What "hysteria from the left"?
Trump was supposed to to deport the dreamers back when he first took office, like most of his insane policies catering to a certain demographic.
If it wasn't for bipartisan support against dreamer deportation, they would have been gone by now. 
 

The Hysteria that the Left has been putting out since he was elected in November about how he is going to do this or he is going to do that. I hear it ALL THE TIME here in Los Angeles the man didn't he even take office yet and they were "getting ready to fight him". He was not supposed to deport any of the dreamers as soon as he took office AT ALL and stop spreading lies. He clearly stated that he wanted to make it his priority those that are Criminal Illegal Aliens that have been living here with impunity, all the while a large amount of them ALREADY had deportation orders against them. But nobody was taking action and actually deporting them. 

 

I have support for those that actually have taken the time, money, and patience to file for and get approved for DACA. But what I don't have support are those that here and eligible but do not want to file for DACA at all also those that here and are Criminals. 

[Cyberfx1024 7,980]

5 hours ago, Keith & Arileidi said:

Whether it is unconstitutional is yet to be ruled. (reminds me of ACA)

I can agree with you about DACA giving a false sense of security though, becasue it isn't really legally binding.

If he really wanted to help with the situation he would have championed an appropriate bill giving these full blooded americans (criminal records or not) their absolute path to citizenship.
Instead of showing a bit of leadership he just gave it to congress to decide.
Only insuring these future citizens that he will take action if congress doesn't come to a conclusion, AFTER the bipartisan backlash.

Saying that he did the best thing for dreamers is simply not true.

There were a fair number of states that were going to sue the administration about unconstitutionality of DACA, and Sessions actually said that there is no way they can defend this at all. 

[Cyberfx1024 7,980]

5 hours ago, controlla said:

The republican controlled congress will not pass legislation to fix DACA in 6 months or give them any legal path to permanent residency. And correct me if I'm wrong, Obama made an executive decision on DACA because the republican controlled congress would not pass his immigration reform bill. Trump is playing games and giving Dreamers false hope and they know it.

I believe that they will pass legislation to fix DACA and it will in the form of a modified Raise Act. I think they will have a path to become a PR but that is it and no citizenship for the short term. The KEY thing here is it will be tied up with the Raise Act that Trump wants to push Congress right now and doing this to DACA was just a chess piece move to force Congress to act on it. Because without him doing doing this Congress would NOT have acted at all on the Raise Act and DACA would have been found to be unconstitutional in court. 

[Crazy Cat 42,547]

5 hours ago, Keith & Arileidi said:

Whether it is unconstitutional is yet to be ruled. (reminds me of ACA)

I can agree with you about DACA giving a false sense of security though, becasue it isn't really legally binding.

If he really wanted to help with the situation he would have championed an appropriate bill giving these full blooded americans (criminal records or not) their absolute path to citizenship.
Instead of showing a bit of leadership he just gave it to congress to decide.
Only insuring these future citizens that he will take action if congress doesn't come to a conclusion, AFTER the bipartisan backlash.

Saying that he did the best thing for dreamers is simply not true.

Only Congress can introduce and/or pass a law to fix the Dreamer issue.  President Trump is acting within his authority, unlike Obama.  This is how a real leader leads. Take off your blinders and give the man credit when he does something right.

[Suss&Camm 2,213]

6 hours ago, Seth And Quynh said:

Yes but not under daca they can't people are confused whether they can adjust

 

Maybe we are saying the same thing idk - there is no adjusting FROM DACA as per the i485 form, but not all DACA recepients came in without inspection/visa and those ppl can adjust as any other ppl.

[Cyberfx1024 7,980]

3 minutes ago, Suss&Camm said:

Maybe we are saying the same thing idk - there is no adjusting FROM DACA as per the i485 form, but not all DACA recepients came in without inspection/visa and those ppl can adjust as any other ppl.

That's the way I understand it as well and per the first post it sounded like he came with a valid visa. So that will ultimately allow him to adjust status because he is married to a USC now. 

[Seth And Quynh 77]

2 minutes ago, Suss&Camm said:

Maybe we are saying the same thing idk - there is no adjusting FROM DACA as per the i485 form, but not all DACA recepients came in without inspection/visa and those ppl can adjust as any other ppl.

Daca applies only to illegal immigrants that have temporary protected status. But even if they came in the USA on a B2 Visa then decided to stay and overstayed  they still wouldn't be able to adjust status.

[Suss&Camm 2,213]

4 minutes ago, Seth And Quynh said:

Daca applies only to illegal immigrants that have temporary protected status. But even if they came in the USA on a B2 Visa then decided to stay and overstayed  they still wouldn't be able to adjust status.

No you are wrong, there are ppl on DACA that came with parents that then overstayed their visas. Those ppl CAN adjust. There is no "alternative  law" in place for these ppl. The law says that if you arrived legally and are married to a USC (for example) you are allowed to adjust status. 

[Seth And Quynh 77]

i see the part where it says uninspected but i can't find one where it says overstay with a visa

 

Eligibility for DACA Green Card

Not all deferred action recipients have a path to a DACA green card. This particular method applies to DACA recipients that:

 

• Initially entered the United States without inspection and
• Have a U.S. citizen immediate relative (spouse or child over 21 years of age)
• Re-entered the U.S. with advance parole

In the case of immediate relatives, there is an unlimited number of immigrant visas available. This means that the there is a short wait to get a green card. Learn more about the steps to immigrate a family member in Overview of the U.S. Immigrant Visa Process.

[Seth And Quynh 77]

7 minutes ago, Suss&Camm said:

No you are wrong, there are ppl on DACA that came with parents that then overstayed their visas. Those ppl CAN adjust. There is no "alternative  law" in place for these ppl. The law says that if you arrived legally and are married to a USC (for example) you are allowed to adjust status. 

Either way Daca will end And the Deadline is October 5.

[WandY 430]

Trump did the Dreamers a big favor by passing it to Congress. If he punted to the Supreme Court, it is very likely they would have found Obama's executive order unconstitutional. That would have put the Dreamers in real legal peril. I feel some empathy for the group and they truly need some type of pathway. Let's see what happens before overreacting.

[Suss&Camm 2,213]

10 minutes ago, Seth And Quynh said:

i see the part where it says uninspected but i can't find one where it says overstay with a visa

 

Eligibility for DACA Green Card

Not all deferred action recipients have a path to a DACA green card. This particular method applies to DACA recipients that:

 

• Initially entered the United States without inspection and
• Have a U.S. citizen immediate relative (spouse or child over 21 years of age)
• Re-entered the U.S. with advance parole

In the case of immediate relatives, there is an unlimited number of immigrant visas available. This means that the there is a short wait to get a green card. Learn more about the steps to immigrate a family member in Overview of the U.S. Immigrant Visa Process.

Idk where that text is from but that is for ppl that entered illegally, they have to reenter with AP or get a waiver.

 

The "normal" way is where you adjust from the visa you entered on by an immediate relative petitioning you first. If you came legally you would adjust the normal way.

Edited September 8, 2017 by Suss&Camm

[Deagle 508]

12 hours ago, cyberfx1024 said:

Yeah way to feed in to the hysteria that the Left is putting out only to invoke fear and hated for President Trump. He does not want to deport a majority of PR and I don't know where you ever heard that. My wife feels perfectly fine being a PR and because she knows she is in status. She also knows that as of right now she can't be deported unless convicted of a crime which is a condition of being a PR. 

 

Of course he is using DACA as a chess piece to pass the Raise Act. 

I am not feeding in the hysteria, this this is what's really happening. Trump doesn't like immigrants, in face, he doesn't even like some Americans who doesn't agree with him on what he wants. I also feel  fine being a PR, but that's irrelevant to the situation.

[Cyberfx1024 7,980]

Just now, Deagle said:

I am not feeding in the hysteria, this this is what's really happening. Trump doesn't like immigrants, in face, he doesn't even like some Americans who doesn't agree with him on what he wants. I also feel  fine being a PR, but that's irrelevant to the situation.

Give me a source where he states he DOES NOT like immigrants???????

[geowrian 22,338]

7 hours ago, Seth And Quynh said:

Yes but not under daca they can't people are confused whether they can adjust

Sure they can. DACA doesn't grant any status for them to adjust, but it doesn't exclude them from adjusting like anybody else either. If they were inspected and admitted to the US when they entered, they are not disqualified from adjusting status. This means any that if they originally came on a visa OR a obtained AP and used that to re-enter the US, they are perfectly fine to adjust status (assuming they have a reason to adjust status...i.e. marriage).

 

34 minutes ago, Seth And Quynh said:

Daca applies only to illegal immigrants that have temporary protected status. But even if they came in the USA on a B2 Visa then decided to stay and overstayed  they still wouldn't be able to adjust status.

Yes they would. Why do you think getting DACA makes the ineligible for an immigration status? It doesn't remove their ability to do anything...it grants authorized stay (and the possibility to get a work permit and/or travel document).

 

Somebody who overstays a tourist visa then marries a USC can adjust status fine.

Edited September 8, 2017 by geowrian