Draft of Real ID Act

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Lazerthegreat

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Can somebody point me to the link for a complete Draft of Real ID Act recently signed by President Bush which abolishes 10,000 quota for Asylees?

thanks in advance;
 
Lazerthegreat said:
Can somebody point me to the link for a complete Draft of Real ID Act recently signed by President Bush which abolishes 10,000 quota for Asylees?

thanks in advance;
Click to expand...

I am not a lawyer, but my layman's interpretation tells me although the cap has been removed, it does not require the DHS or AG to actually increase the number: its entirely discretionary (see the green text below). I will use this to bring up my lobbying thread once more:
http://www.immigrationportal.com/showthread.php?t=187089

As for what you asked for:
This should be good enough for government work:
http://fpc.state.gov/documents/organization/46683.pdf: Page CRS-14

Here is the actual bill if you are intersted:

http://thomas.loc.gov/cgi-bin/query/F?c109:3:./temp/~c1098ESVZQ:e1080:

Section F(2)(A). But this only makes sense if you read the INA
http://www.washingtonwatchdog.org/documents/usc/ttl8/ch12/subchII/ptI/sec1159.html

Basically, it removes the following:

(b) Maximum number of adjustments; recordkeeping
Not more than 10,000 of the refugee admissions authorized under
section 1157(a) of this title in any fiscal year may be made
available by the Attorney General, in the Attorney General's
discretion and under such regulations as the Attorney General may
prescribe, to adjust to the status of an alien lawfully admitted
for permanent residence the status of any alien granted asylum who
-
(1) applies for such adjustment,
(2) has been physically present in the United States for at
least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section
1101(a)(42)(A) of this title or a spouse or child of such a
refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under
subsection (c) of this section) as an immigrant under this
chapter at the time of examination for adjustment of such alien.

And changes it to:
(b) Maximum number of adjustments; recordkeeping
The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who--
(1) applies for such adjustment,
(2) has been physically present in the United States for at
least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section
1101(a)(42)(A) of this title or a spouse or child of such a
refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under
subsection (c) of this section) as an immigrant under this
chapter at the time of examination for adjustment of such alien.
 
Lazerthegreat said:
Can somebody point me to the link for a complete Draft of Real ID Act recently signed by President Bush which abolishes 10,000 quota for Asylees?

thanks in advance;
Click to expand...


If you want the whole act in PDF format (long file) I can email it to you and tell you the page where the quota abolition appears. Why would you need it?
 
You are certainly right. The granting of asylum or asylee adjustment of status is discretionary on the part of the agency. As court opinions tend to note, asylum is NOT an entitlement. Even if you satisfy all the statutory criteria they do not have to confer the benefit upon you. The agency's exercise of discretion is subject to the requirement that it cannot be arbitrary or capricious.


floyd said:
I am not a lawyer, but my layman's interpretation tells me although the cap has been removed, it does not require the DHS or AG to actually increase the number: its entirely discretionary (see the green text below). I will use this to bring up my lobbying thread once more:
http://www.immigrationportal.com/showthread.php?t=187089

As for what you asked for:
This should be good enough for government work:
http://fpc.state.gov/documents/organization/46683.pdf: Page CRS-14

Here is the actual bill if you are intersted:

http://thomas.loc.gov/cgi-bin/query/F?c109:3:./temp/~c1098ESVZQ:e1080:

Section F(2)(A). But this only makes sense if you read the INA
http://www.washingtonwatchdog.org/documents/usc/ttl8/ch12/subchII/ptI/sec1159.html

Basically, it removes the following:

(b) Maximum number of adjustments; recordkeeping
Not more than 10,000 of the refugee admissions authorized under
section 1157(a) of this title in any fiscal year may be made
available by the Attorney General, in the Attorney General's
discretion and under such regulations as the Attorney General may
prescribe, to adjust to the status of an alien lawfully admitted
for permanent residence the status of any alien granted asylum who
-
(1) applies for such adjustment,
(2) has been physically present in the United States for at
least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section
1101(a)(42)(A) of this title or a spouse or child of such a
refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under
subsection (c) of this section) as an immigrant under this
chapter at the time of examination for adjustment of such alien.

And changes it to:
(b) Maximum number of adjustments; recordkeeping
The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who--
(1) applies for such adjustment,
(2) has been physically present in the United States for at
least one year after being granted asylum,
(3) continues to be a refugee within the meaning of section
1101(a)(42)(A) of this title or a spouse or child of such a
refugee,
(4) is not firmly resettled in any foreign country, and
(5) is admissible (except as otherwise provided under
subsection (c) of this section) as an immigrant under this
chapter at the time of examination for adjustment of such alien.
Click to expand...
 
hampton8844 said:
If you want the whole act in PDF format (long file) I can email it to you and tell you the page where the quota abolition appears. Why would you need it?
Click to expand...

I am starting to push my case through congressman and I want to provide to them something concrete.
 
Lazerthegreat said:
I am starting to push my case through congressman and I want to provide to them something concrete.
Click to expand...

Lazer:
Would you be interested in a concerted lobbying effort backed up by some money? If so, who is your congressman? Ask his staff if they would be interested in pushing legislation to actually do something for all of us.

Regards

F.
 
Ok let me ask the staff of Congressman how far can they go... well they were very hesitant when I asked that I would want to meet with Congressman. But then I thought that I should not piss staff off.. so I gave my query to their staff member who handles immigration... but if things do not move, then i would again insist on meeting congressman.
 
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