> Thank you for all decent comments. Yes, it was a bad idea for my
> friend to leave the country for the interview. He was confused by a
> few facts:
> We know 4 guys coming back with the green card from DV interviews
> under similar circumstances within the past two years (probably
> overlooked situations).
> There was an article in the New York Times in 1991, I know it was very
> long ago, explaining the primary purpose of the DV program as giving a
> chance for legalization for at least some of the illegal immigrants
> already living here.
> Adjustment of status was possible within the U.S. for DV program
> winners even for illegals before 1996, and in one or two other
> particular years afterwards (some fine had to be paid for
> overstaying).
> All the above somehow suggested that overstaying regulations are not
> so strictly enforced.
>
> For you guys, trying to criminalize my friend, please look up the
> legal determination of the word: criminal. In your view, I'm a serious
> criminal myself as well. I broke the law not once, but 4 times within
> the past 15 years. I got 2 parking tickets for getting back to the
> meter a minute after expiration, once for J walking, and once for
> crossing a park with my dog where a visible sign displayed "no dogs".
> Friend of mine only broke the law once. He tried to settle in a new
> home in a new country, so he overstayed. He worked hard and paid at
> least sales taxes on purchased goods, (would have been very happy for
> being able to pay income taxes as well). He never applied for or
> received any public assistance either, no harm to the government or
> society.
>
> Thanks again for the responses (for the ones providing information
> instead of bashing the poor guy),
>
> Chuck
>
>
> On Fri, 16 Dec 2005 17:04:50 -0800, Joe Feise wrote:
>
> >Olivier Wagner wrote on 12/16/05 16:31:
> >> Wrong. Only those who entered without inspection have to leave,
> >> your friend
> >> could have gotten the green card if she stayed.
> >Nope. Overstays are only forgiven if the paerson marries as US
> >citizen.
> >And the provisions of INA 245(i) are not in effect at this time.
> >Furthermore, form I-601 doesn't apply in this case, unless the person
> >is the
> >spouse or child of a US citizen or PR and there would be extreme
> >hardship (see
> >INA 212(a)(9)(B)(v):
> >"(v) Waiver.-The Attorney General has sole discretion to waive clause
> >(i) in the
> >case of an immigrant who is the spouse or son or daughter of a United
> >States
> >citizen or of an alien lawfully admitted for permanent residence, if
> >it is
> >established to the satisfaction of the Attorney General that the
> >refusal of
> >admission to such immigrant alien would result in extreme hardship to
> >the
> >citizen or lawfully resident spouse or parent of such alien. No court
> >shall have
> >jurisdiction to review a decision or action by the Attorney General
> >regarding a
> >waiver under this clause."
> >-Joe
He did not pay income tax? No ITIN number?
You know that not paying income tax beats most raps, I seem to remember
someone rather famous who got put away for that.
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