The long awaited (20 years) overstay report has finally been released

[HFM181818 750]

there is no such 'genuine' case, except those who have arrived with a K1 visa....an NIV in which a future AOS is part of the deal. But others, who have arrived on their B2, who run down to the courthouse 10 minutes after clearing customs, are not genuine, bona fide visitors for pleasure...they are scam artists, who lied to get their visa and lied to gain admission to my country...it's quite simple....arrive as a tourist, leave as one, arrive as a student, leave as one, arrive as an au pair or summer work & travel candidate, leave as one. You 'change your mind' - great...airlines fly round trip to most countries....go home, apply for the new visa you are seeking....

[Transborderwife 4,666]

there is no such 'genuine' case, except those who have arrived with a K1 visa....an NIV in which a future AOS is part of the deal. But others, who have arrived on their B2, who run down to the courthouse 10 minutes after clearing customs, are not genuine, bona fide visitors for pleasure...they are scam artists, who lied to get their visa and lied to gain admission to my country...it's quite simple....arrive as a tourist, leave as one, arrive as a student, leave as one, arrive as an au pair or summer work & travel candidate, leave as one. You 'change your mind' - great...airlines fly round trip to most countries....go home, apply for the new visa you are seeking....

I think that it can get a little bit more complicated enough than a simple mind change, just not as often as it happens. However that being said, as long as USCIS is making bank off of it I doubt it'll be changed.

[HFM181818 750]

well, ask yourself this question: could you, two weeks after landing in a foreign country, abandon whatever life you had in the US to take up residence thousands of miles away? No. So why should anyone else, unless they already had a preconceived intent to do so. So, eliminate any and all possibilities to have that preconceived intent rewarded quickly....make people jump through the proper hoops.

[MacUK 983]

But what about those who have a genuine cause to stay and adjust?

Such as?

The only one I can think of is that someone doesn't want to be seperated from their loved ones. That hardly makes them unique.

As long as the system allows abuse then it will be abused. The only way to stop abuse of AoS is to stop allowing AoS completely.

[HFM181818 750]

Amen. Step 1: eliminate the form, I-539.

Step 2: stop admitting everyone for six months on autopilot...make it 90 days and have the arriving alien make a good, solid case as to why they 'need' or 'deserve' more.

Step 3: See step 1 (eliminate extensions unless the visa holder is in jail or a coma).

[Transborderwife 4,666]

Well a member of my church was visiting during the process of a k1. She was pregnant (normal healthy pregnancy). She got into a car accident which caused an early labor at 26 weeks being placed on mandatory bed rest. The child was born with severe health issues at 32 weeks and was in the nicu for about 4 months. In their case it would made more sense to aos.

Amen. Step 1: eliminate the form, I-539.

Step 2: stop admitting everyone for six months on autopilot...make it 90 days and have the arriving alien make a good, solid case as to why they 'need' or 'deserve' more.

Step 3: See step 1 (eliminate extensions unless the visa holder is in jail or a coma).

I agree on the autopilot remark. It's too easy to stay that long.

[MacUK 983]

Well a member of my church was visiting during the process of a k1. She was pregnant (normal healthy pregnancy). She got into a car accident which caused an early labor at 26 weeks being placed on mandatory bed rest. The child was born with severe health issues at 32 weeks and was in the nicu for about 4 months. In their case it would made more sense to aos.

I agree on the autopilot remark. It's too easy to stay that long.

That would definitely be a unique case.

But I'd argue that for every truly unique case like that there are probably hundreds of thousands that planned it all along or just decided on a whim to stay in the US.

[HFM181818 750]

as I said, in a coma or in jail...obviously, that friend did not plan on getting into a car accident nor having other health problems...those 1 in a 1,000,000 visitors are not the issue...it's the other umpteen thousands or hundreds of thousands who arrive here, ready to marry or to work...and I say, no, go back home and apply for the correct type of visa....

[Boiler 46,096]

UK does not allow AoS any longer.

Too much fraud, especially from the sub continent.

[yuna628 9,712]

I agree with the thoughts here that adjusting from certain visas even the VWP should not be allowed. However I think there are a few unique cases that could be exceptions to the rule, and in those cases surely there could be a system in place that would allow a person in rare and unique circumstances to stay provided they had evidence of such. At the same time I do wish that people could visit their loved ones without the shadow and fear that they will not be successful at doing so. We see people asking the 'can I visit' question all the time. Most of the time they are well-meaning, but they may feel no matter what they do or say the CBP will always think they intend to overstay. If the system actually worked, where people could not adjust except under certain circumstances, and people were removed and sent back home that had overstayed, I think things would flow better.

HFM181818: I think there are some people who would abandon their former life thousands of miles away spontaneously to be with someone they love. Yes I know there are plenty that are more calculated and do so on purpose. But.. love is a strange thing, and makes people behave in strange ways. No one wants to be away from someone they love... yet there's plenty of K1 and CR1 couples who still chose to. It's a difficult thing. I think we should be closing loopholes but also making it more fair.

I don't think any of these avenues for adjusting and staying in this country will be closed any time soon..

Edited January 22, 2016 by yuna628

[Transborderwife 4,666]

as I said, in a coma or in jail...obviously, that friend did not plan on getting into a car accident nor having other health problems...those 1 in a 1,000,000 visitors are not the issue...it's the other umpteen thousands or hundreds of thousands who arrive here, ready to marry or to work...and I say, no, go back home and apply for the correct type of visa....

Understood

That would definitely be a unique case.

But I'd argue that for every truly unique case like that there are probably hundreds of thousands that planned it all along or just decided on a whim to stay in the US.

I do see your point

[RobertM54 36]

. So, eliminate any and all possibilities to have that preconceived intent rewarded quickly....make people jump through the proper hoops.

How long should those hoops take? Years?

It seems like the CR-1 process takes a long-long time.

[MrsBonsu 138]

I agree with HF181818, I just returned from Ghana on the 17th and that was my fourth trip, I hate saying goodbye to my husband who I am still waiting to grace this country to be with me, if I have to apply and wait away from my spouse so should everyone else that wants to migrate here with their love one!

[WandY 430]

Thanks that was interesting. It's also interesting how different news outlets write their headlines for this report.

NY Times: "Few Foreign Visitors to U.S. Overstay Visa, Federal Report Says"

vs

USA Today: "Nearly 500K foreigners overstayed visas in 2015" which seems more sensationalist.

But then again newspapers are in the business of selling newspapers...

No, newspapers are in the business of selling advertising. The rack and counter sales (and let's include subscriptions, too) mean nothing to the financial bottom line. News outlets have never been in the business of selling anything except ads. It's not sensational to headline facts - unless there is a intent or motive towards bias and subjectivity. USA Today is very liberal, so I doubt there is motive for an anti-immigrant stance. However, the NY Times is obviously slanting the headline. The word "few" should be a clue.

The fact remains that the U.S. does a poor job ejecting illegal immigrants (i.e. criminals). We need some real hope (hope we can stop illegal immigration) and change (change the way we remove the overstays and illegals from our land). Legal immigrants welcome. All others - well, not so much.

[Transborderwife 4,666]

No, newspapers are in the business of selling advertising. The rack and counter sales (and let's include subscriptions, too) mean nothing to the financial bottom line. News outlets have never been in the business of selling anything except ads. It's not sensational to headline facts - unless there is a intent or motive towards bias and subjectivity. USA Today is very liberal, so I doubt there is motive for an anti-immigrant stance. However, the NY Times is obviously slanting the headline. The word "few" should be a clue.

The fact remains that the U.S. does a poor job ejecting illegal immigrants (i.e. criminals). We need some real hope (hope we can stop illegal immigration) and change (change the way we remove the overstays and illegals from our land). Legal immigrants welcome. All others - well, not so much.

Good luck with that