Tue Sep 08, 2009 10:19 am
We have these sorts of arguments a lot on here, it all boils down to personal experience at the end of the day. Like me and agnelson are arguing a lot about tax laws at the moment. A lot of these questions I've actually run past IRS in the past (in writing) - there's more than one way to skin a cat, it's knowing the best way to skin it that's the trick. The only way you get to know that is experience.
Also I'm not a lawyer but I've had jobs in the past that were involved heavily in the law and/or required me to be in court occasionally. In fact I'm pretty sure I've spent more time in court than a lot of lawyers based on talking to them. Immigration law and tax law are both highly convoluted and it's okay for us to sit here and say "this is what the law is and this is what the caselaw is" blah blah, but let me tell you from having appealed things on highly technical legal issues what happens in reality. First of all, it's not Law & Order, it's much more like: "...And Justice for All".
Very few people indeed want to be immigration judges or tax arbitrators. So what happens basically is this, you prepare all your paperwork, you submit it in discovery to the government/police whomever. The judge is supposed to read it.
So you walk into whatever venue it is and the judge walks in looking haggard and overworked and starts asking you questions, and you think to yourself: "I put all this in my submission". And then you realize the judge hasn't read anything at all. So all your fantastic quotes of obscure caselaw and Hansard and committee proceedings count for nothing.
And then he goes and sits in his office with his clerk, they rapidly skim read through the submission and 90% of the time come back with a decision that splits the difference between what you said and what they said to keep you both happy and it's usually some totally idiotic decision that makes no sense at all.
So then you go to appeal.
And at the end of it (if you win) you wonder what all that damn effort was for.
So yes there's the "here is the law" blah blah answer and there's "here is the method the bureaucrats have been taught" method.
Which is why for example on the "six month" visit requirement there is no straight answer, because there is the law, there is the caselaw and there is the way CBP enforce it.
Like I keep saying on here, if you really want the answer, hire a lawyer and go to court.
Steve.