Interestiing question.
I suppose crashing your Kryptonian spacepram into a Kansas cornfield counts as illegal entry to the country, but I guess he got away with it by being a minor...
I have no idea if this will be helpful, but in terms of US visas, an American friend on mine has said that it's easiest to go to the US and apply to stay while your there, rather than doing so before hand. How that would work without having a tourist visa to start with, I have no idea, but she said it could take around a year for everything to be sorted.
"Don't go away mad, just go away..." The best line Clint never said.
#406785 - Assisting the PPD
Oh, the timescales are horrendous, but that's not really the issue.
I think 'illegal immigration' implies that you didn't talk to the DoHS people on the way in. So, Superman was an illegal immigrant, but someone arriving at the airport and then asking to claim asylum isn't.
Disclaimer: The above may be humerous, or at least may be an attempt at humour. Try reading it that way.
Posts are OOC unless noted to be IC, or in an IC thread.
here is some stuff i found when looking at the issue of an alien ( space alien ) arriving in the US city of Paragon ...
§ 1325. Improper entry by alien
(a) Improper time or place; avoidance of examination or inspection; misrepresentation and concealment of facts
Any alien who
(1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers, or
(2) eludes examination or inspection by immigration officers, or
(3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact, shall, for the first commission of any such offense, be fined under title 18 or imprisoned not more than 6 months, or both, and, for a subsequent commission of any such offense, be fined under title 18, or imprisoned not more than 2 years, or both.
(b) Improper time or place; civil penalties
Any alien who is apprehended while entering (or attempting to enter) the United States at a time or place other than as designated by immigration officers shall be subject to a civil penalty of
(1) at least $50 and not more than $250 for each such entry (or attempted entry); or
(2) twice the amount specified in paragraph (1) in the case of an alien who has been previously subject to a civil penalty under this subsection.
Civil penalties under this subsection are in addition to, and not in lieu of, any criminal or other civil penalties that may be imposed.
(c) Marriage fraud
Any individual who knowingly enters into a marriage for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, or fined not more than $250,000, or both.
(d) Immigration-related entrepreneurship fraud
Any individual who knowingly establishes a commercial enterprise for the purpose of evading any provision of the immigration laws shall be imprisoned for not more than 5 years, fined in accordance with title 18, or both.
so it is a crime to not enter via an approved entry point.
Possible Consequences of Returning to the Country of Claimed Persecution
Section 208.8(b) of Title 8 of the Code of Federal Regulations provides that an asylum applicant who leaves the United States pursuant to advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application, unless the applicant is able to establish compelling reasons for the return. Therefore, if an asylum applicant returns to his or her country of claimed persecution pursuant to advance parole, he or she should be prepared to explain the reason for the return.
Asylum status may be terminated for specific reasons as listed in INA § 208(c)(2). An individuals underlying asylum status may be terminated even if the individual has already become a lawful permanent resident.
once in leaving can effect your statue ...under the GR idea you have this may mean no returning to Praet.
To win legal protection from being deported asylum seekers must:
1. Be outside their country of nationality. Asylees are by definition in the United States and thus necessarily outside their country of nationality.
2. Be afraid of persecution. Torture and imprisonment are persecution - recognized under the law, but harassment or discrimination usually are not. Where these lines are drawn is different in each case.
3. Be harmed or fear harm by the government or others. Harm by the police or the army counts. Harm by right-wing or left-wing political groups or religious zealots that the government is "unable or unwilling to control" also counts.
4. Be affected by at least one of several defined conditions. As suggested above, these conditions are: political opinion, race, religion, nationality, and social group. The last category, social group, usually refers to people with certain characteristics that a particular society might lump together and have generally unfavorable attitudes about, such as homosexuals. The law generally does not include people who fled their homes due to civil wars, generalized violence, and criminal prosecution. However, even these reasons may suffice if they can be connected to one of the five listed reasons.
5. Not be a dangerous person. Finally,international law recognizes that countries have the right to exclude asylum seekers who may be a danger to society. These include those who have committed serious crimes, pose threats to national security, or who have committed war crimes or "crimes against humanity".
Terrorism concerns can lead to automatic disqualification from asylum. Even before the events of 9/11, people with terrorist connections were ineligible for asylum and subject to deportation. However, laws passed by Congress after 9/11 in 2001 and again 2005 have broadened restrictions even further. Under current U.S. law, any person who provides "material support" to terrorists will be refused asylum. Since there is no exemption for cases of coercion, even acts such as providing drinking water at gunpoint to terrorists are to be considered material support.
Being a active resistance fighter may effect you, as opposed to being a victim of the Praet system
Asylum, in simple terms, is legal protection against deportation. It is the status sought by non-US citizens who enter the U.S., either legally or illegally, asking for refuge based on claims of persecution or fear of persecution in their home country. Although refugees outside the country may ask for the same protection from the U.S. based on the same fear of persecution, asylum seekers are differentiated because they have already entered the country while refugees have not. The laws that govern asylum are covered in another TRAC background report.
this implys you can enter illegally and apply, if your a victim. I would guess you have to apply very soon after arrival.
Hope that helps
most came from
http://www.justice.gov/usao/eousa/fo...sam/index.html
the United States Attorneys' Manual
However, you've got to take into account that those are real world laws, and that primal earth most definatly isn't the real world.
Given the sheer number of dimensional refugees and visitors out there, I'm pretty sure there'd be some sort of special consideration in place for them. In addition we don't as of yet know the details of how the resistance is getting people to primal earth, fo all we know they could have a bargin with the law enforcment community of Primal Earth.
With the sheer number of unkowns here, it's hard to give you a definate answer.
Any lawyers out there? I assume you're playing red side? Good.
Now then, I've been digging around in American legal stuff on Wikipedia in order to try to work out what the status of a Praetorian arriving on Primal-Earth might be, and it looked kind of grim so I thought I'd prod some of you guys on the other side of the Pond and see what you thought.
I get the impression that the Resistance is feeding people into Paragon via some sort of Underground Railroad type operation and that the US autorities don't know about some or all of them entering the country. This would make them illegal immigrants.
Logically, they should have grounds for asylum, being as they can have Stateman and most of the Freedom Phalanx pop down and testify that Praetoria is a repressive regime.
However, and here's the Catch 22, illegal entry into the US appears to bar you from successfully applying for asylum.
* Am I right? (Legal-wise.)
* Is this something you think would have to be tweaked, or do you figure that there's enough precident with kheldians and such that the law would have been changed to handle 'illegally resident aliens' or some official sounding designation?
Thanks in advance for the replies.
Disclaimer: The above may be humerous, or at least may be an attempt at humour. Try reading it that way.
Posts are OOC unless noted to be IC, or in an IC thread.