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S. 795, The Citizenship Promotion Act of 2007 (1 comment ↓)
S. 795 would assist aliens who have been lawfully admitted in becoming citizens of the United States.
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Senator Obama’s Priorities
As we’ve done with Republican presidential candidate Senator John McCain (R-AZ) and Democratic vice presidential candidate Senator Joseph Biden (D-DE), this week we take a look at the legislative activities of Senator Barack Obama, (D-IL), the De...URL: http://www.washingtonwatch.com/blog/2008/09/07/senator-obamas-priorities/
Trackback URL: http://www.washingtonwatch.com/bills/trackback/110_SN_795.html
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mandamus
THIS BILL IS A DISASTER FOR THOSE STUCK IN NAME CHECK!!! DO NOT BE DECEIVED BY IT. Not only does the bill have no teeth (the AG simply has to assure Congress he is making best efforts) BUT and more importantly it would provide a big obstacle to mandamus suits since it provides strong inferrence that Congress endorses possibility of name check delays since the bill says "if such background check is not completed before the date that is 121 days after the date of such receipt, then the Attorney General shall document the reason why such background check was not completed." Since courts in approving mandamus actions currently rely on stated congressional intent or 'sense of congress' that 180 days is reasonable for LPR visas, 30 days for Non-Immigrant Visas and 120 days for naturalization in order to assess what is reasonable delay this bill will overturn that. Madamus is the best solution to expediting name check delay. Without mandamus immigrant is left in limbo.