- Joined
- Sep 21, 2014
It's a lie or at best a gross exaggeration. If pajeet is out of status (he is, that's why he was detained) he's subject to the 3 or ten year bars EVEN IF REALLY MARRIED and he can NOT adjust his status from within the US. He could possibly be granted advance parole but he's still have to go out of the country and be interviewed at a US consulate from abroad. Maybe he got a stay of deportation but that's not a green card at allllllll.
I found plenty of cases on immigration lawyers' sites where people were granted PR from within the US despite having been out of status for long periods of time. In fact some of those sites were telling people to not leave the country, because if they did the bar would automatically activate.
As with all administrative law, it seems like there are multiple exceptions and that the legislation is less important than the precedents and current government policy on enforcing the letter of the legislation. It sucks because the law is supposed to be consistent enough that similar situations have similar outcomes, but there's such a backlog of cases in the Chicago immigration court (last time I checked it was taking 3-4 years to resolve some cases) that it's hardly surprising if many questionable decisions are never appealed by the government.
It just occurred to me that if deportation proceedings are now at an end, the bond which was paid a year ago to secure Nina's release will now be returned to them.
I found an interesting database of deportation proceeding outcomes. 58% of Indian people who are subject to deportation proceedings in the US are ultimately allowed to stay. Only 22.6% of Indian people coming before the immigration court in Illinois are ultimately allowed to stay (compared to 29% of all nationalities combined).
http://trac.syr.edu/phptools/immigration/court_backlog/deport_outcome_charge.php
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