My sister overstayed her Tourist visa

[Karee 4,190]

It isn't a misdemeanour.

Yes it is for the first offense.

Title 8 Section 1325.

http://www.ussc.gov/...Immigration.pdf

Page 35.

ILLEGAL ENTRY OR REENTRY - USSG §2L1.2

Federal law prohibits foreign nationals from entering the United States without

permission. A conviction for a first offense of illegal entry is a misdemeanor that is not covered

by the guidelines.84 Subsequent entries,85 reentry after deportation,86 and remaining in the United

States after being ordered deported87 are felonies covered by USSG §2L1.2.88 Section 2L1.2

provides for an enhanced sentence when the prior deportation was preceded by certain types of

convictions. This section addresses application issues arising under §2L1.2.

Edited November 15, 2012 by Karee

[Moomin 292]

Isn't that ironic. Crossing the border illegally in itself is only a misdemeanor, but if you harbor the person committing the misdemeanor, it is a felony.

While it is ironic, no one in this topic entered without inspection.

The same kind of irony is used for employers hiring illegals.

EWI cases don't go unpunished. They get deported and have a hard time getting a proper visa. You can't really deport a US citizen(at least not a natural born citizen), hence the felony within US.

How old is the sister, and has she done anything to be tracked down by immigration?

Edited November 15, 2012 by moomin

[Linds&Youssef 56]

I think the important things to pull out of this thread are that the sister should return home of her own volition (either way, she'll have problems getting back over here since she has overstayed and is obviously a risk in terms of trying to remain here illegally), and that you as her brother will go to jail or receive some other punishment (up to deportation, yourself) if you're found to be aiding in her attempts to remain here illegally. Now my question is why haven't you sent her on her way home already?!?!?!?! :bonk:

[Karee 4,190]

While it is ironic, no one in this topic entered without inspection.

The same kind of irony is used for employers hiring illegals.

EWI cases don't go unpunished. They get deported and have a hard time getting a proper visa. You can't really deport a US citizen(at least not a natural born citizen), hence the felony within US.

How old is the sister, and has she done anything to be tracked down by immigration?

Thanks for pointing that out. I must have temporarily lost my reading comprehension skills.

[MrsB2012 10]

How old is the sister, and has she done anything to be tracked down by immigration?

I'm still curious about the same thing........ ICE doesn't usually go around looking to deport someone without reason. There's plenty of illegals that commit serious crimes that aren't even deported. There has to be more to this...

[alundra06 0]

While it is ironic, no one in this topic entered without inspection.

The same kind of irony is used for employers hiring illegals.

EWI cases don't go unpunished. They get deported and have a hard time getting a proper visa. You can't really deport a US citizen(at least not a natural born citizen), hence the felony within US.

How old is the sister, and has she done anything to be tracked down by immigration?

She is 36 and i am pretty sure she didn't do anything to get the immigration attention,I am really surprised why they were looking for her.

My sister is like millions of immigrants she entered this country legally and she wants to start a new life here in the US because i always remember when she first came here during her first visit (She went back to Morocco after the first visit by the way) and she told this is the first time i feel like I am living a respectful life and feel a lot of dignity. so all she needs is living a normal life in this country and be close to her family.

[del-2-5-2014 1,339]

Okay so with all the felony stuff hanging over USC, why are the Connoffs invalidating approved petitiions?

[N-o-l-a 7,168]

She is 36 and i am pretty sure she didn't do anything to get the immigration attention,I am really surprised why they were looking for her.

My sister is like millions of immigrants she entered this country legally and she wants to start a new life here in the US because i always remember when she first came here during her first visit (She went back to Morocco after the first visit by the way) and she told this is the first time i feel like I am living a respectful life and feel a lot of dignity. so all she needs is living a normal life in this country and be close to her family.

As I am sure you are aware, the way to start fresh in a new place is through legal means. My aunt waited for years and years and years to enter legally. Your sister doesn't get a free pass because she likes America better. Tell her to leave, buy her a ticket, and have her live in a country legally. Being an illegal doesn't give anyone dignity.

[MrsB2012 10]

She is 36 and i am pretty sure she didn't do anything to get the immigration attention,I am really surprised why they were looking for her.

My sister is like millions of immigrants she entered this country legally and she wants to start a new life here in the US because i always remember when she first came here during her first visit (She went back to Morocco after the first visit by the way) and she told this is the first time i feel like I am living a respectful life and feel a lot of dignity. so all she needs is living a normal life in this country and be close to her family.

Yes, your sister came here legally as a TOURIST. If she wanted to come here and start a new and better life, then she should have gone about it the proper way.

[Moomin 292]

Thanks for pointing that out. I must have temporarily lost my reading comprehension skills.

So how is it relevant to this topic? If not, then keep it in the general immigration related subforum, or off topic, otherwise you're ending up confusing people with OP's sister having EWI'd when it's not the case.

[Dirk 30]

Hello everybody,

My sister came to the US on a tourist visa in 2011 and she overstayed.

This morning (As of 11/15/12) Immigration team came to my brother's house to look for her but fortunately or unfortunately she wasn't there because she moved to a different house.

- My question right now is what should we do to prevent her deportation (If this is what's going to happen)?

- Is it safe for her to go out now or should she hide (Which is very bad).

Please advise.

Noting you can do

She will spend time in a lockup when caught, as if they are looking for her now, there is a reason and yes they will find her.

As many others have said, she should go back on her own free will, and if she wants to come back, she needs to get married then file again, she will have a permanat red flag from this point forward will be considered a risk.

Also if you and your family are here as legal resident aliens, it's not worth loosing your rights to be here as well....

I can have you email a friend from guetimala that this exact same thing happens to his sisters, and the occupants of the house she was hiding...

[Moomin 292]

She is 36 and i am pretty sure she didn't do anything to get the immigration attention,I am really surprised why they were looking for her.

My sister is like millions of immigrants she entered this country legally and she wants to start a new life here in the US because i always remember when she first came here during her first visit (She went back to Morocco after the first visit by the way) and she told this is the first time i feel like I am living a respectful life and feel a lot of dignity. so all she needs is living a normal life in this country and be close to her family.

She might've been unlucky and just got busted for just overstaying. But one way or the other, immmigration noticed her. Since she has atleast 2 siblings in the US, I'm somewhat guessing that may be part of it. In that case, be a bit careful. Of course she's your sister but please don't jeopardize your own legal status, or your brother's for that matter.

[Karee 4,190]

So how is it relevant to this topic? If not, then keep it in the general immigration related subforum, or off topic, otherwise you're ending up confusing people with OP's sister having EWI'd when it's not the case.

If you read all the posts, it was pointed out by operator that harboring an illegal alien is a felony. I was pointing out the irony of the difference in penalties for someone that harbors someone here illegally, and someone that actually enters here illegally.

Try and keep up. I would suggest reading all the posts before commenting on one.

Edited November 16, 2012 by Karee

[Moomin 292]

If you read all the posts, it was pointed out by operator that harboring an illegal alien is a felony. I was pointing out the irony of the difference in penalties for someone that harbors someone here illegally, and someone that actually enters here illegally.

Try and keep up. I would suggest reading all the posts before commenting on one.

Yes, which is not off topic. At all. OP's brother had the sister staying. Therefore it's relevant to know the consequences.

I'm somewhat used to similar laws. A truck driver's boss gets a much more severe fine in my home country than the actual truck driver if speeding or not taking breaks throughout a whole day. Why? No one condones of the person higher up promoting that sort of behavior. I rarely use smilies but one might've helped. Not trying to be uptight - just trying to saty focused on OP's issue.

[Justine+David 218]

If you or your brother are US citizens, you can petition for her. It generally takes about 10 years. If your parents are over here, they may also petition for her, although it will also take several years. Please heed the other member's warnings about harboring someone who has overstayed their visa. It's very unusual for immigration come looking for overstay-ees unless they've committed crimes.