Visitors Visa & Working Illegaly

[Harsh_77 718]

I have seen cases where this is exactly what happens with "guests" - depending on the state laws, you may be forced to provide for your "guests" till you get an eviction notice against them. (basically if you invited them in, you can't just kick them out, or "smoke" them out...)

OP should look up local laws before doing anything that opens them up to lawsuits.

Worst case, they end up with the house, with the OP paying for it...

@Harsh_77

I seemed to dropped this link in my OP - however, here it is.

(BTW - Had this happen to a friend of mine, took him 1 year to get rid of his "guest")

So in that case are you telling me, if someone was visiting me and was planning to live with me for 35 days, now 35 days are up and they don’t want to leave I cannot make them leave?

You are wrong if you are in a rental property, you can let your management know and they would be more than happy to serve them a notice.

If you live in a house then you can call cops on them for trespassing on your private property and you want them to be removed.

[Romabell 6]

New York Field Office

Area of Responsibility: The five boroughs (counties of NYC) and the following counties: Duchess, Nassau, Putnam, Suffolk, Sullivan, Orange, Rockland, Ulster, and Westchester

26 Federal Plaza, Rm. 1105

New York, NY 10278

Phone: (212) 264-4213

Varick Street Facility: (212) 863-3401

Thank you so much!

[LoveMyMiky 35]

As others have mentioned it depends on the state you are in and how long they have stayed that will ultimately determine the effort and time to evict your guest; commonly referred to as “squatters”. I suspect involving a baby puts a whole new dimension on the situation when it comes to the authorities.

I don’t know anything about ICE, but suspect one of the first things they will ask is did you serve them with an eviction notice? If required by your state, believe that is the first thing I would do or follow the procedures of the eviction process. The fact is you have let them stay and have yet made any legal attempt to evict, which by its very nature could be viewed as harboring.

As another has mentioned, don’t think you should have the false hope that ICE or any other government agency is going to sweep down and magically remove them, on top of the fact you will more than likely be required to endure their presence with their understanding you are having them deported until the agency actually does something.

Things happen in weird ways, it could be quite possible that one of your “squatters” is a member of the VJ community and receiving advice and empathy from others on how to remain in this country. Certainly your situation is one that would make me madder than hell and doubt I could be restrained from kicking their bottoms down the steps, unfortunately in many states I would be the one behind bars for doing so…as strange as it may appear!

As often occurs, things are not what they appear to be, can’t help suspecting there is not more to this story than what has been revealed.

May I ask if you have a spouse in all this… did you enter on a K1 or 3?

[Matt :) 1]

maybe if the male "assaulted" you, you could call the cops and press charges against him.

I'd hate for you to have to move but maybe you need to find another apt, tell your landlord you are moving out but dont tell them and move out and then have landlord kick them out.

This all is crazy, I cant believe there are people like this in the world.

[Moomin 292]

I hope everything works out with ICE - good luck, Romabell.

In case you might need it:

Evicting: Serve them a "notice to quit". Go to the local county court, file an order of eviction. They get served. After a hearing a judge might issue the order of eviction, from what I've read, approx 30 days after the order. They still refuse to leave? THEN you call the police. If you go this way make sure to have everything right according to the laws in your state.

[Harsh_77 718]

A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord’s request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord’s express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. Real Property Law § 235-f.

This is New york state law - work with your landlord, I am sure they are not interested in letting ppl live free of charge on their property and under over crowding act also they could be evicted.

[Romabell 6]

A tenant must inform the landlords of the name of any occupant within 30 days after the occupant has moved into the apartment or within 30 days of a landlord's request for this information. If the tenant named in the lease moves out, the remaining occupant has no right to continue in occupancy without the landlord's express consent. Landlords may limit the total number of people living in an apartment to comply with legal overcrowding standards. Real Property Law § 235-f.

This is New york state law - work with your landlord, I am sure they are not interested in letting ppl live free of charge on their property and under over crowding act also they could be evicted.

My husband and I own the house. No landlord is involved here.

[Harsh_77 718]

You will have to talk to real estate lawyer, your state bar of council should be able to help you and point you to right laws.

[Jojo92122 1,924]

My husband and I own the house. No landlord is involved here.

Go consult a real estate attorney and begin the eviction process. It's unfair that you have to pay for legal services to get them out of your house. In the eye of the law, you invited them to stay with you so it's your problem. The law gives people certain rights where they live even if they started out as guests.

As for ICE, nothing happens overnight. It could take months or years for them to act.

Your only goal should be getting them out of your house.

Tell them to leave or you will contact ICE.

Whatever you do, do not change the locks without legal advice from an attorney or a court order. You could be sued for unlawful eviction. Yes, I understand how unfair it may seem to you, but in the eye of the law, you should have known whom you invite to stay and live in your house. You were the best person to prevent this from happening. Once it happens, your only recourse is through the eviction process.

Edited March 23, 2011 by Jojo92122

[belinda63 3,038]

I say put their stuff on the front porch and change the locks then take a vacation for a few days. Let them call the police, they may come out once but if you "aren't home" (don't answer the door, have the curtains closed) I doubt the police will pursue it very far as it is a civil matter. If they feel like taking you to court well, how is a tourist going to explain you changed the locks on "their" home? Doesn't the very nature of a tourist visa mean they are a guest with no intention of remaining?

You gotta get mean here or next thing you know you will be buying them clothes and shoes and paying for the baby's school.

[RICARDO4EVA2 194]

My husband and I own the house. No landlord is involved here.

So u went all day without contacting ICE and providing a solid update? Did u really need help? It's now like talking just to talk.. Control your situation.. They would have been gone from my house as guest... No leagal process needed they are not tenants, no agreement made verbally or in writing to setup up a permanent residence... This is/was a VISIT to your house... It ain't that hard.

Eviction only comes into play when the person lives there.

[matuk tuokan 2]

Isn't it you are harboring illegals you could be in trouble too!

[Jojo92122 1,924]

I say put their stuff on the front porch and change the locks then take a vacation for a few days. Let them call the police, they may come out once but if you "aren't home" (don't answer the door, have the curtains closed) I doubt the police will pursue it very far as it is a civil matter. If they feel like taking you to court well, how is a tourist going to explain you changed the locks on "their" home? Doesn't the very nature of a tourist visa mean they are a guest with no intention of remaining?

You gotta get mean here or next thing you know you will be buying them clothes and shoes and paying for the baby's school.

It doesn't matter if they are illegally in the US or violates the term of their visas. This has nothing to do housing laws. Generally, housing laws do not deal with a person's legal status to be in the US.

It doesn't matter if they started out as guests. It's not what you or I think that is important. It's what the laws are that is important. The law may give them rights.

In addition, they could end up being sued for changing the locks.

It ain't fair, but it's the law.

-------------------

Read these links:

http://www.nolo.com/legal-encyclopedia/question-change-locks-tenant-guest-28110.html

http://www.tenantscreeningblog.com/landlord-tips/changing-locks-on-a-tenant%E2%80%99s-guest/

--------------------

Changing Locks On A Tenant’s Guest

Posted by Joan Ging on November 30, 2006 under Landlord Tips | Be the First to Comment

Many landlords with rental properties often come in for a spot of trouble with unruly tenants or tenant guests, as can be seen from the following scenario. A landlord who has a legal rental lease with a tenant, allowed the latter to let a friend stay for a few weeks, while he / she searched for a place to stay. However, things didn’t pan out as expected. When the time came for the visitor to move, he refused outright. While, the landlord would like to retain his original tenant, and the tenant too wants to stay, the landlord would prefer the guest to leave his property. The question is, can he legally change the locks on the doors, allowing only access to the original tenant with whom he has a lease, and prevent the visitor any access to the rental unit?

Well, as long as the landlord has not accepted rent from this guest, or in any other way indicated he / she has been accepted as a tenant, his tenant’s guest is nothing, but an unauthorized occupant. A tenant allowing a guest to stay for a few weeks does not turn the guest into a co-tenant.

Theoretically, an unauthorized occupant is nothing more than a common trespasser and a landlord can seek help from the state in getting rid of him. A good beginning would be to call the local police. And, it would be legally kosher for the landlord and tenant to change locks to keep the trespasser out.

However, while the law may be on your side, the problem is, a long-term guest may claim, he has been treated like a tenant, and therefore has the same rights enjoyed by tenants. And, as you know, tenants enjoy freedom from illegal evictions, including lock changing.

So, unfortunately, the best course of action is to avoid changing locks, or do anything to force the guest from the property. Any such action could land you in legal trouble, if the guest goes to a lawyer cooking up a tale of being a tenant who has been locked out. The only remedy is to file an eviction suit against the interloper. Next time, get it in writing that the guest is not a tenant, only a friend of your real tenant, who has been allowed to stay for a few weeks, without paying rent, while he / she searches for rental accommodation.

[Jojo92122 1,924]

So u went all day without contacting ICE and providing a solid update? Did u really need help? It's now like talking just to talk.. Control your situation.. They would have been gone from my house as guest... No leagal process needed they are not tenants, no agreement made verbally or in writing to setup up a permanent residence... This is/was a VISIT to your house... It ain't that hard.

Eviction only comes into play when the person lives there.

Please read the articles I linked in my prior post.

It could be very hard. When does a long-term guest become a tenant? That's not for you or I to decide. That law views things differently.

[Jojo92122 1,924]

Here's another article on evicting guests from a home. OUCH!!!

http://www.freerepublic.com/focus/f-chat/1321927/posts

Guest won't leave: Charity, eviction begin at home

Valley Press ^ | on Sunday, January 16, 2005 | BOB WILSON

Posted on Sunday, January 16, 2005 9:46:24 AM by BenLurkin

PALMDALE - The charitable tale of Joe Homeowner may make you think twice - maybe thrice - about allowing guests to stay in your home, be they friends, relatives or down-on-their-luck strangers. Joe, who asked to remain anonymous for fear of retribution, said he lost control of his home a year ago to a man he didn't know.

The guest - a relative of a friend who assists Joe's son - was relocating to California from the East Coast and "needed a place to stay for a couple of weeks," Joe's sister explained.

But that "couple of weeks" has become the better part of a year, Joe's sister said.

During that time, Joe's home allegedly has sustained at least $20,000 in damage from the nonworking, nonpaying guest and his various friends and visitors, she said.

The damages to Joe's home, in the vicinity of 70th Street East and Avenue S, spurred complaints from neighbors and gave city officials grounds to post the property as "substandard," the sister said.

Palmdale code enforcement officer Vince Adams said the posting stemmed from what appeared to be an ongoing auto-repair operation at Joe's home and "a whole slew of cars" parked around the house, in the driveway and in the yard.

"It looked more like a business" than a residence, which did not sit well with Joe's neighbors, Adams said.

As a result of continuing complaints, the city posted the home as substandard and will begin charging Joe for the cost of future inspections, he said.

"The neighbors had every right to complain because the place has become an eyesore," Joe's sister said. "It is not safe, and my brother is afraid to be there, but he's also afraid of what might happen to the house if he isn't."

Joe's son is living elsewhere while efforts are under way to regain control of the property, the sister said.

Requests for help from Palmdale sheriff's deputies have brought no relief, she said.

"I was stunned" when deputies said they were powerless to force the guest - who had become a pest - to leave, she said.

"They say, 'It's kind of up to you to get him out,' " the sister recounted. "They say he has tenant rights and there is nothing they can do. They say my brother invited this guy into his home, so he has every right to stay there as long as he wants to."

The unwelcome guest reportedly has taken most of his belongings and departed several times, only to return weeks later and make his way back inside the house even though he has no key or permission to enter, Joe's sister said.

After consulting with an Antelope Valley eviction company that specializes in such problems, Joe learned he would need a court order to pry the guest out even though he has no contract as a tenant, the woman said.

The court-ordered eviction cost Joe nearly $500 to obtain and still gave his unwanted guest nearly two more months in the home before he is required to leave, she said in early December.

Meanwhile, Palmdale officials want Joe to make improvements to his property - improvements that are pointless until the unwanted guest is gone, his sister said.

The property professional who helped her brother said this kind of problem is common, Joe's sister said.

"This eviction guy said, 'Where do you think I make all my money?' This apparently happens all the time," she said.

"I understand if there is a law on the books and deputies' hands are tied because of that law, but my brother's rights are being violated and he's basically a hostage in his own house," the sister continued.

"We certainly didn't know there was a law that allowed this, and we hope that complaining about it will get that law taken off the books," she said.

"I can't understand how such a law ever got passed," Joe said. "If you let somebody stay in your house and they refuse to leave, there is nothing you can do but go through an eviction. If they move in for two weeks and send themselves a letter with their own name on it to your address, they live there."

"People like this, they are preying on other people's good intentions," Joe said.

Palmdale attorney James Charlton said Joe's quandary is the result of a number of court decisions and not the result of a particular law that can be amended or repealed.

"There is a variety of statutory and case laws that circumscribe this, but it has enough wrinkles that it isn't all enumerated in just one place," Charlton said.

"Nobody put a law into effect to benefit squatters" such as those described, he said. Nevertheless, such people have rights, the courts have ruled.

The problem is that, whether purposefully or inadvertently, Joe has granted his guest "possession" of the property, Charlton said.

After granting the right of possession, Joe cannot rescind that right without a court order, the attorney said.

"Possession is possession," regardless of Joe's original agreement to allow only temporary residency, Charlton said.

Possession is one of a "bundle" of rights that come with property ownership, Charlton explained.

Even with a signed contract that limits a tenant or guest's possession to a specific length of time, "the actual movement of that possession back to you is going to take a court process" if a tenant or guest refuses to leave, he said.

The reason a court order is required is to limit the possibility of violence, the attorney said.

"You won't find this written down in the law, but what we don't want is a breach of the peace, and there is nothing more likely to incite a breach of the peace than the belief that a man's home is his castle," Charlton said.

For that reason, peace officers are the only people empowered to remove a tenant or guest - even one who fails to comply with a court-ordered eviction presented by an owner or landlord, he said.

"The movement of 'possession' is court-supervised because it is one of those areas most likely to result in a breach of the peace," Charlton said.

Without a court order, peace officers are reluctant to become embroiled in these kinds of disputes, the attorney said.

"What the police don't want to do is be caught in the middle of a civil problem," he said.

Under the law, "Ownership is not possession," and many landlords and property owners confuse the two rights, Charlton said.

"Possession is something that is totally different, and it is a right that is not taken away without cops around," he said.

Under the law, a property owner may seek damages from a tenant or guest who refuses to leave, "but the bottom line is, the minute it is time for them to go, for whatever reason, and they won't, it's time for an eviction, and an eviction takes time to effectuate," Charlton said.

Once escorted from a property by peace officers, it becomes legally clear that a person no longer has a right of possession and can be prosecuted criminally for re-entering a property without permission, he said.

But until the person is escorted out, the facts are not so clear, Charlton said.

All homeowners have an underlying responsibility to maintain their property and prevent it from becoming a public nuisance, and that includes being careful about choosing the people they allow to move in, he said.

"If you wait a year instead of evicting them when they first start being a problem for your neighbors, you might have some responsibility," Charlton said.

"Underlying it all, though, is: We don't want gun play" or other forms of violence when one person wants to force another to move, he said.

The current interpretation of the law is an attempt to be fair to those on both sides of a dispute, Charlton said.

That interpretation "reflects the underlying principal of what the legislation has tried to achieve," he said. "Basically, that means they want cops around when people are being thrown out."

If law enforcement is not present, "Where will the escalation stop?" Charlton asked.

Edited March 23, 2011 by Jojo92122