what country is Venezuela at war with?
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Martha's Vineyard merchant says there's a ‘process’ for coming to America, 'follow th
- Thread starter Earl
- Start date
what country is Venezuela at war with?
what country is Venezuela at war with?
they have no reason to be seeking asylum in the US
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[FONT=source_sans_pro_regular]To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status.
[/FONT]Obtaining Asylum in the United States | USCIS
They don't have to be at war with anybody:
"[FONT=source_sans_pro_regular]Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:[/FONT]
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Asylum | USCIS[/FONT]
From your link
Burden of proof
(i) In general
The burden of proof is on the applicant
to establish that the applicant is a refugee,
within the meaning of section
1101(a)(42)(A) of this title. To establish
that the applicant is a refugee within the
meaning of such section, the applicant
must establish that race, religion, nationality, membership in a particular social
group, or political opinion was or will be
at least one central reason for persecuting
the applicant.
https://www.govinfo.gov/content/pkg...020-title8-chap12-subchapII-partI-sec1158.pdf
8 USC 1101(a)
INA 101(a)
, within the country in which such person is habitually residing, and who is
persecuted or who has a well-founded fear of persecution on account of race, religion, nationality,
membership in a particular social group, or political opinion
https://www.dhs.gov/xlibrary/assets...mmigration and Nationality Act 101(a)(42).pdf
so how does a Venezuelan fall under that? just because their county is a commie shit hole?
So why does Biden tell Cubans NO get lost
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As soon as they cross the border without documentation, they are illegal criminals.
What Is Illegal Entry to the United States?
U.S. immigration law actually uses the term "improper entry," which has a broad meaning. It's more than just slipping across the U.S. border at an unguarded point. Improper entry can include:
entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend's car)
attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).
(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language.
Criminal Penalties for Improper Entry to the United States
For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both.
For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)
But just in case that isn't enough to deter illegal entrants, a separate section of the law adds penalties for reentry (or attempted reentry) in cases where the person had been convicted of certain types of crimes and thus removed (deported) from the U.S., as follows:
People removed for a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined, imprisoned for up to ten years, or both.
People removed for a conviction of an aggravated felony shall be fined, imprisoned for up to 20 years, or both.
People who were excluded or removed from the United States for security reasons shall be fined, and imprisoned for up to ten years, which sentence shall not run concurrently with any other sentence.
Nonviolent offenders who were removed from the United States before their prison sentence was up shall be fined, imprisoned for up to ten years, or both.
What's more, someone deported before completing their prison sentence may be incarcerated for the remainder of the sentence, without any reduction for parole or supervised release.L
allaw.com
U.S. immigration law actually uses the term "improper entry," which has a broad meaning. It's more than just slipping across the U.S. border at an unguarded point. Improper entry can include:
entering or attempting to enter the United States at any time or place other than one designated by U.S. immigration officers (in other words, away from a border inspection point or other port of entry)
eluding examination or inspection by U.S. immigration officers (people have tried everything from digging tunnels to hiding in the trunk of a friend's car)
attempting to enter or obtain entry to the United States by a willfully false or misleading representation or willful concealment of a material fact (which might include, for example, lying on a visa application or buying a false green card or other entry document).
(See Title 8, Section 1325 of the U.S. Code (U.S.C.), or Section 275 of the Immigration and Nationality Act (I.N.A.) for the exact statutory language.
Criminal Penalties for Improper Entry to the United States
For the first improper entry offense, the person can be fined (as a criminal penalty), or imprisoned for up to six months, or both.
For a subsequent offense, the person can be fined or imprisoned for up to two years, or both. (See 8 U.S.C. Section 1325, I.N.A. Section 275.)
But just in case that isn't enough to deter illegal entrants, a separate section of the law adds penalties for reentry (or attempted reentry) in cases where the person had been convicted of certain types of crimes and thus removed (deported) from the U.S., as follows:
People removed for a conviction of three or more misdemeanors involving drugs, crimes against the person, or both, or a felony (other than an aggravated felony), shall be fined, imprisoned for up to ten years, or both.
People removed for a conviction of an aggravated felony shall be fined, imprisoned for up to 20 years, or both.
People who were excluded or removed from the United States for security reasons shall be fined, and imprisoned for up to ten years, which sentence shall not run concurrently with any other sentence.
Nonviolent offenders who were removed from the United States before their prison sentence was up shall be fined, imprisoned for up to ten years, or both.
What's more, someone deported before completing their prison sentence may be incarcerated for the remainder of the sentence, without any reduction for parole or supervised release.L
allaw.com
Indeed!
MAGA MAN
Let's go Brandon!
How would anyone know what you think you did, when you aren't even sure if it yourself?
Eagle_Eye
Well-known member
MY, MY, MY, how views change when forced to walk in someone else's shoes.
Or fly.
Agreed, it is a federal misdemeanor but prosecution is a low priority.
The second offense is a felony ...up to 20 years in jail.
Agree, the Biden administration is not enforcing the law.
Why?
They are not breaking the law when they present themselves at a checkpoint and ask for asylum.
Illegal Entry”/8 U.S.C. § 1325 makes it a crime to unlawfully enter the United States. It applies to people who do not enter with proper inspection at a port of entry, such as those who enter between ports of entry, avoid examination or inspection, or who make false statements while entering or attempting to enter. A first offense is a misdemeanor punishable by a fine, up to six months in prison, or both.
“Illegal Re-Entry”/8 U.S.C. § 1326 makes it a crime to unlawfully reenter, attempt to unlawfully reenter, or to be found in the United States after having been deported, ordered removed, or denied admission. This crime is punishable as a felony with a maximum sentence of two years in prison. Higher penalties apply if the person was previously removed after having been convicted of certain crimes: up to 10 years for a single felony conviction (other than an aggravated felony conviction) or three misdemeanor convictions involving drugs or crimes against a person, and up to 20 years for an aggravated felony conviction..
“Illegal Re-Entry”/8 U.S.C. § 1326 makes it a crime to unlawfully reenter, attempt to unlawfully reenter, or to be found in the United States after having been deported, ordered removed, or denied admission. This crime is punishable as a felony with a maximum sentence of two years in prison. Higher penalties apply if the person was previously removed after having been convicted of certain crimes: up to 10 years for a single felony conviction (other than an aggravated felony conviction) or three misdemeanor convictions involving drugs or crimes against a person, and up to 20 years for an aggravated felony conviction..
I guess the same way those from any other country fall under those provisions. If they cannot prove they meet these conditions they are not granted refugee status which is only granted to about 50% of applicants. My guess for Venezuela is that an opponent of Maduro is probably not safe.
But, there cannot be many granted refugee or asylum status from Venezuela since only 298 applicants from South American were approved in 2019.
Table 14. Refugee Arrivals by Region and Country of Nationality: Fiscal Years 2017 to 2019 | Homeland Security (dhs.gov)
They are crossing illegally (watch them on FOX TV) then asking for asylum.
The American checkpoints are on the US side. They cross illegally to get to the check points. (All check points are not legal asylum locations).
That is not the procedure.
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