USA Today: President Donald Trump orders crackdown on 'visa overstays' in latest push against illegal immigration

[yuna628 9,687]

1 hour ago, Mike E said:

Because it takes more than 90 days to get a marriage certificate from LA county. 

If it takes more than 90 days to get a license then the couple should be taking their business elsewhere. If it's more than 90 days to get a certificate of proof of their marriage that's of no consequence to a K1.

[millefleur 5,047]

2 hours ago, missileman said:

This brings into my mind a question...........What do the majority of these millions of people who overstay do?  Do they just continue to live here illegally, or do they marry USCs and then adjust status?

A lot of Russians (probably also Ukrainians and other post-USSR nationals) who overstay thrive in a cash-based black market in very big cities, NYC probably also LA...I don't know how they handle health care or anything like that, probably also some kind of shady cash-based black market. If you hire a Russian and they ask for cash for their services...they might be illegal. That's all I know. Mostly males working as movers or other hands-on jobs where nobody would ever think to check for papers of legality when hiring.

 

A common one is coming over here on a "Work and Travel" visa and then proceeding to overstay because they already have work contacts and the reality is a lot of shady employers will gladly employ them...there's a big black market out there in big cities. I'm at the point where I think they should just get rid of the "Work and Travel" visa because overstays are so common after it.

Edited April 23, 2019 by millefleur

[Crazy Cat 41,985]

12 minutes ago, millefleur said:

A lot of Russians (probably also Ukrainians and other post-USSR nationals) who overstay thrive in a cash-based black market in very big cities, NYC probably also LA...I don't know how they handle health care or anything like that, probably also some kind of shady cash-based black market. If you hire a Russian and they ask for cash for their services...they might be illegal. That's all I know. Mostly males working as movers or other hands-on jobs where nobody would ever think to check for papers of legality when hiring.

 

A common one is coming over here on a "Work and Travel" visa and then proceeding to overstay because they already have work contacts and the reality is a lot of shady employers will gladly employ them...there's a big black market out there in big cities. I'm at the point where I think they should just get rid of the "Work and Travel" visa because overstays are so common after it.

I didn't know about the "work and travel" visa........seems ripe for misuse.......

[millefleur 5,047]

Just now, missileman said:

I didn't know about the "work and travel" visa........seems ripe for misuse.......

It really is. And it's for such a short time period anyway, what's the point? It was supposed to be some kind of cultural exchange thing, so an idea that sounds all warm and fuzzy on paper but in reality is just opening the door for exploitation. I'm OK with specific short term work visas for au pairs and other jobs, but just a generic "Work and Travel" program seems like having the door wide open for people to come in and allow them to find ways to stay. 

 

https://j1visa.state.gov/programs/summer-work-travel

[Mike E 11,741]

1 hour ago, Cyberfx1024 said:

My point to that person is that K1 visa holders are not like B2 tourist visa holders if they overstay. Once the 90 day period is up the K1 visa holder can still AOS without issues if they got married within that window. I do not think that this memo will affect that at all. 

If a tree falls and no one is there to see it, does it make a sound?

 

If someone gets married, and 90 days later there still isn't a marriage cert, is that person married?

 

Any organization that requires 20 times as much time as another to produce a simple certification of a  record is an organization prone to losing the record. And if the record is lost, whether the marriage actually took place or not by the deadline, is an interesting question to argue with USCIS.

 

It won't be hard for me to dig up examples of where people married before K-1 expired, did nothing, and years later, the consensus here is that the K-1 spouse is in at risk of deportation.

 

Whereas, if one gets married 90 days before deadline in county where marriage certs take 2 business days to produce, worst case, 2 days later the county says, "we have no record of you being married, so no cert for you". And the K-1 couple says, fine we will get married here. Rinse repeat, and it is a statistical certainty that there will be marriage cert before the K-1 expires. Once cannot say that about LA county.

 

 

[Boiler 45,752]

After 90 days you are out of status and deportable, filing to adjust brings you back under the colour of law so you would be ok.

[Cyberfx1024 7,980]

19 minutes ago, Mike E said:

If a tree falls and no one is there to see it, does it make a sound?

If someone gets married, and 90 days later there still isn't a marriage cert, is that person married?

Any organization that requires 20 times as much time as another to produce a simple certification of a  record is an organization prone to losing the record. And if the record is lost, whether the marriage actually took place or not by the deadline, is an interesting question to argue with USCIS.

It won't be hard for me to dig up examples of where people married before K-1 expired, did nothing, and years later, the consensus here is that the K-1 spouse is in at risk of deportation.

Whereas, if one gets married 90 days before deadline in county where marriage certs take 2 business days to produce, worst case, 2 days later the county says, "we have no record of you being married, so no cert for you". And the K-1 couple says, fine we will get married here. Rinse repeat, and it is a statistical certainty that there will be marriage cert before the K-1 expires. Once cannot say that about LA county.

So my question to you is why are you mad at USCIS when it's LA County's fault that they can't get their stuff together???? I know how LA County is and how much they suck because I used to live in LA County (Pasadena) for over 6 years before I moved out of there and somewhere alittle more sane than California. But I did end up having 2 children born in LA County (Huntington Memorial) and got both of their birth certificates relatively quickly. 

 

We have had people on here before where they brought their spouse in on the K1 visa, got married, and did not do AOS for one reason or another until years later. I remember one guy whose wife was threatening divorce unless he filed for AOS for her after being here for like 5 years. What was weird is that he was trying to frame it like she was mad for no reason when it was his fault she was pissed. 

Edited April 23, 2019 by Cyberfx1024

[millefleur 5,047]

I think the majority of overstays are not K-1 cases....it's most likely from people entering in on NIV's and finding ways to survive here off the record via friends, family and black markets. K-1's at least provide some kind of paper trail for those entering the US, other NIV's do not and those people can easily just fall off the radar.

 

In the case of K-1 overstays, why not just have local offies follow up on such people? Seems like that would be way easier. With NIV's, it becomes a lot trickier because supposedly there was never immigrant intent in the first place or a legal path to immigration...

Edited April 23, 2019 by millefleur

[yuna628 9,687]

6 minutes ago, millefleur said:

I think the majority of overstays are not K-1 cases....it's most likely from people entering in on NIV's and finding ways to survive here off the record via friends, family and black markets. K-1's at least provide some kind of paper trail for those entering the US, other NIV's do not and those people can easily just fall off the radar.

 

In the case of K-1 overstays, why not just have local offies follow up on such people? Seems like that would be way easier. With NIV's, it comes a lot trickier because supposedly there was never immigrant intent in the first place or a legal path to immigration...

Local offices can barely keep up with the backlog of cases they have now. Not enough staff or funding. No way they're going to follow up with overstayers. The majority of overstayers are those who come on the VWP supposedly. And the fact is though we sit there and say ''don't do naughty immigration things while on the VWP'' we continue to allow those to adjust from the VWP because you can't prove intent no matter how long they overstay.

[Boiler 45,752]

3 minutes ago, yuna628 said:

Local offices can barely keep up with the backlog of cases they have now. Not enough staff or funding. No way they're going to follow up with overstayers. The majority of overstayers are those who come on the VWP supposedly. And the fact is though we sit there and say ''don't do naughty immigration things while on the VWP'' we continue to allow those to adjust from the VWP because you can't prove intent no matter how long they overstay.

Most of the people I have come across came on a B or a temp Work visa, that also coincides with the VJ experience.

[davidvs 354]

3 hours ago, missileman said:

This brings into my mind a question...........What do the majority of these millions of people who overstay do?  Do they just continue to live here illegally, or do they marry USCs and then adjust status?

 

Both. For example, my wife was here for about 18 months before we met. Add  a bit over 2 years of dating before we got married and then we waited 2 more years before filing her I-130.

[Ben&Zian 4,398]

Think just stream lining the deportation process would be helpful. Clear that backlog. Meaning more judges going by the law, not emotion or personal feelings.

Edited April 23, 2019 by Ben&Zian

[Crazy Cat 41,985]

2 minutes ago, davidvs said:

Both. For example, my wife was here for about 18 months before we met. Add  a bit over 2 years of dating before we got married and then we waited 2 more years before filing her I-130.

More than 5 years of overstay????  

[ADW & JOP 146]

Unfortunately, Canadians make up the largest group of foreigners that overstay. It will be interesting to see how this will impact my future visits to the US while the I130 is pending...

[davidvs 354]

1 minute ago, missileman said:

More than 5 years of overstay????  

Yes. And we now have a 2 year old child and no ability to adjust status in the US. We will need a 601a waiver and she needs to do her interview in Bangkok.

 

It happens very often.