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Old 09-03-2010, 12:01 PM   #1
classicman
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The form I-130 which is referenced in the link is:
Quote:
This memorandum establishes U.S. (ICE) policy for the handling of removal proceedings before the (EOlR) involving applications or petitions filed by, or on behalf of, aliens in removal proceedings.
The memo references immigrants dealing with "removal proceedings"
It seems as though this should speed things up.

I find it inconsistent though.
Quote:
Adverse factors include, but are not limited to, criminal convictions, evidence of fraud or other criminal misconduct, and national security and public safety considerations.
Wait - Being here illegally is still a crime - Why isn't that considered an adverse factor?
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Old 09-03-2010, 12:09 PM   #2
Redux
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Quote:
Originally Posted by classicman View Post
...Wait - Being here illegally is still a crime - Why isn't that considered an adverse factor?
The answer is simple.

If you have temporary resident status (those to which the memo applies, for the most part), you are not here illegally.

added:
Quote:
Originally Posted by classicman View Post
The form I-130 which is referenced in the link ....
Oh, and the I-130 is a form for legal residents or citizens to seek legal residency for a non-resident relative (another category to which the memo applies)

So, in either case, the memo does not apply to those here illegally.

Last edited by Redux; 09-03-2010 at 12:14 PM.
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Old 09-03-2010, 01:27 PM   #3
classicman
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Quote:
Originally Posted by Redux View Post
If you have temporary resident status (those to which the memo applies, for the most part), you are not here illegally.
Oh, and the I-130 is a form for legal residents or citizens to seek legal residency for a non-resident relative (another category to which the memo applies)So, in either case, the memo does not apply to those here illegally.
If they are in the process of removal proceedings, their time is up.
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Old 09-03-2010, 02:23 PM   #4
Redux
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Originally Posted by classicman View Post
If they are in the process of removal proceedings, their time is up.
Is that so?

You might want to read more about the process for adjudicating requests (petitions/applications) for adjusting the status of temporary residents.
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