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Old 06-16-2010, 11:50 AM   #1
shmike
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Originally Posted by pauldun170 View Post
Family enters US on work (or education) visa.
Family works in Utah(for example) for X amount of time. Establishes residency. Wife gets knocked up and they have child.
They decide to relocate to (for better paying job) Las Vegas.
Visa expires as HR at new company is working on sponsorship.
Neither parent has commited a crime under Federal law, Utah or Nevada law.
They have established residency in Utah and are therefore citizens of Utah entitled to all applicable rights and laws. As residents of Utah they are entitled to all rights and protections afforded by the Bill of Rights (" nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. ")

They take a wrong turn and end up in Arizona on there way to Las Vegas
The parents are imprisoned. The child, who has violated nothing and is a United States citizen as defined by the United States constitution and a resident\citizen of Utah is taken from the parents, placed in the Arizona foster care system (or just put into whatever orphanage, holding tank they have down there). The parents, who never commited a crime and were legal residents of another state are deported by Arizona.

Arizona is gangsta....

This is going to be awesome to watch from a safe distance.

Nice try.

Staying on an expired visa is illegal, therefore they have committed a crime. They are no longer legal residents of whichever state they came from.

It may not be intentional, it may not have been their fault but it happened.

If your visa is about to expire, you apply for an extension.
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Old 06-16-2010, 12:28 PM   #2
goof2
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Originally Posted by shmike View Post
Nice try.

Staying on an expired visa is illegal, therefore they have committed a crime. They are no longer legal residents of whichever state they came from.

It may not be intentional, it may not have been their fault but it happened.

If your visa is about to expire, you apply for an extension.
Yep. I don't know about Nevada or Utah law but simply staying past your visa is a violation of federal immigration law.
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Old 06-16-2010, 01:25 PM   #3
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Yep. I don't know about Nevada or Utah law but simply staying past your visa is a violation of federal immigration law.
You do know that you can break a law and not be a criminal?


Criminal
The body of law dealing with crimes and their punishment

Civil
The body of laws established by a state or nation for its own regulation

Around here, if I park illegally a cajillion times. I have commited no crime.
I have violated civil code.
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Old 06-16-2010, 01:18 PM   #4
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Nice try.

Staying on an expired visa is illegal, therefore they have committed a crime. They are no longer legal residents of whichever state they came from.

It may not be intentional, it may not have been their fault but it happened.

If your visa is about to expire, you apply for an extension.
OK fancy boy.

1. List the appropriate item from U.S. criminal code.

You do realise that I'm going to use the civil law card.
The only way I could use the criminal law card is if we were talking about folks busted for crossig the border.
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feed your dogs root beer it will make them grow large and then you can ride them and pet the motorcycle while drinking root beer
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Old 06-16-2010, 01:58 PM   #5
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OK fancy boy.

1. List the appropriate item from U.S. criminal code.

You do realise that I'm going to use the civil law card.
The only way I could use the criminal law card is if we were talking about folks busted for crossig the border.
You are right.

Entering = criminal

Staying = civil

I didn't realize you were going to go all law professor on us, Obama.

I'd consider your parking BS a crime too but I didn't realize that you were going to pick my vernacular apart to suit your argument.
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