Visiting an illegal alien in the US

[Noah Lot 391]

Well - technically your sister is not "out of status" - her student visa is most likely marked "D/S" - and only an IJ can make the determination if she is out of status based on that. (if picked up, and she is not in school - the IJ will mark her out of status at that time and then deported).

I have read a few cases where having family members out of status caused the embassy some pause in issuing a B-2 (which is one of the reasons why they ask if you have family in the US - they can look up the info on visas/entry/exit) - If I remember right - one case was denied out of hand. (since one family member didn't follow the rules, you might do the same thing).

Really depends on the fraud rate of your country - it seems to me.

Like Boiler said - nothing ventured - nothing gained.

she is actually out of status but has not yet accrued unlawful presence (unless she has been in front of an IJ, which is doubtful since that IJ would have shipped her behind back to beautiful downtown Sofia)...her status ended when her J1 visa expired...sounds like she was one of those 'summer work' types, who seemed to have forgotten that a summer, even in Bulgaria, is only about three months (not 7 years) in duration.

[Bobby+Umit 161]

she is actually out of status but has not yet accrued unlawful presence (unless she has been in front of an IJ, which is doubtful since that IJ would have shipped her behind back to beautiful downtown Sofia)...her status ended when her J1 visa expired...sounds like she was one of those 'summer work' types, who seemed to have forgotten that a summer, even in Bulgaria, is only about three months (not 7 years) in duration.

Not so. If it's marked with the D/S - until she sees an IJ, she is not out of status. The IJ will determine that. (if you have no specific time limit - how can you be out of status?).

Most students in F-1 or J-1 status have no specific time limits imposed on their stay in the United States (evidenced by the notation D/S (Duration of Status) on their immigration Form I-94), while aliens in most other nonimmigrant statuses have various time limits imposed on their stay in the United States.

(quick link)

Granted - the person needs to stay in school, as required by the visa rules, but if ICE finds her - they can't determine her status - only the IJ can (usually by looking at the education history) - and like you said - they will most likely find them in violation of the visa (because they stopped going to school) and send them packing.

There were a few conversations here about this - it all boils down to what the IJ determines - best bet - obey the rules of your visa.

[Noah Lot 391]

Not so. If it's marked with the D/S - until she sees an IJ, she is not out of status. The IJ will determine that. (if you have no specific time limit - how can you be out of status?).

(quick link)

Granted - the person needs to stay in school, as required by the visa rules, but if ICE finds her - they can't determine her status - only the IJ can (usually by looking at the education history) - and like you said - they will most likely find them in violation of the visa (because they stopped going to school) and send them packing.

There were a few conversations here about this - it all boils down to what the IJ determines - best bet - obey the rules of your visa.

If one does not attend school or participated in their specific program, they have violated their status; hence she is out of status, but may not have been tagged with unlawful presence. The 'D/S' notation = duration of status, which can be ended by not doing what she said or by her J1 having expired.

Having worked as a paralegal for an immigration attorney, I know this from my own experience.

One can be 'out of status' but not accrue unlawful presence. This is common for F1 and J1 chea...er, visa holders.

[Bobby+Umit 161]

If one does not attend school or participated in their specific program, they have violated their status; hence she is out of status, but may not have been tagged with unlawful presence. The 'D/S' notation = duration of status, which can be ended by not doing what she said or by her J1 having expired.

Having worked as a paralegal for an immigration attorney, I know this from my own experience.

One can be 'out of status' but not accrue unlawful presence. This is common for F1 and J1 chea...er, visa holders.

Yes - that is what I am saying - however, only the IJ can determine that, that they are out of status.

We both know she is out of status, (wink) - but we are not IJs'.

That is all I am saying.

[Noah Lot 391]

Yes - that is what I am saying - however, only the IJ can determine that, that they are out of status.

We both know she is out of status, (wink) - but we are not IJs'.

That is all I am saying.

True (wink)