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

[yuna628 9,687]

27 minutes ago, Ash.1101 said:

This. Agree'd.

I have a friend at work who's daughters fiance is from Austrailia and just plans on coming here and getting married and staying. Their logic is "Well if intent is determined at the border, then we're golden". There's no punishment to it what so ever, all you have to do is know what to say in some cases with VWP and... bam you're in the US pursuing a GC.

So I mean you could even know and do it anyways, the chances of being penalized is so small it's almost always worth the risk to some.

Know someone that did the same even after asking me how they could go about doing it legally the K1 way. Sent them all the information and recommended VJ. Next thing we know we see on facebook they went and did it the naughty way, proudly. No consequences seem to have come to them.

[Ash.1101 1,756]

1 minute ago, yuna628 said:

Know someone that did the same even after asking me how they could go about doing it legally the K1 way. Sent them all the information and recommended VJ. Next thing we know we see on facebook they went and did it the naughty way, proudly. No consequences seem to have come to them.

Yep!

My brother in laws cousin is doing that, knows all about the K-1 process and thought about it for a hot second and then was like nope. Pretty sure they're married now and adjusting.

[Crazy Cat 41,985]

2 minutes ago, yuna628 said:

Know someone that did the same even after asking me how they could go about doing it legally the K1 way. Sent them all the information and recommended VJ. Next thing we know we see on facebook they went and did it the naughty way, proudly. No consequences seem to have come to them.

I am for changing the law to prohibit the ability to adjust from all B visas and VWP.......except for extremely limited situations..........but for now......

[Boiler 45,752]

7 minutes ago, Ash.1101 said:

 

1. The second post is good read.

BUT

2. EXACTLY. The problem is, I will go ahead and pass that article on to my friend in hopes she'll give it to her daughter, but I'm about 99% sure they will go through it anyways because of what they have experienced. The fiance has visited the US multiple times, with no grilling or real interview at CBP past "What's your business here?" "Visiting my girlfriend" and "How long are you going to be here" "About 3 months". The daughters dad is planning on sponsoring him and he makes over 200k so he'll be fine on the sponsorship side of things.

It's just the fact that they've seen it done, and see it currently being done, and there is no punishment to those successfully getting through, and at this rate it's becoming fairly rare for someone to do this and be denied unless they don't have a strong case. I've tried talking to her about it and making sure she understands this isn't the way it should be done, but they find it to be the easiest route. I guess the daughter wants him here -now-.

It's much like how the government CAN sue for money back based on the I-864, but when's the last time we've seen that happen. If they only enforce something 2% of the time, why would anyone believe it's actually even being enforced until it happens to them, and then still, all those see it happens once, they look at the 98% of the times it didn't happen and still find it worth it.



Just my two cents since I'm watching someone actively go after this, and I understand why they're being so nonchalant about the whole thing. They feel there isn't a threat because USCIS doesn't deem itself as threatening in this case.

Yep!

It gives you more time to prepare and potentially more time with your loved one. Have a good case and you're fine, now you're here in the US versus being stuck in some other country.




Please note, I very much support crackdowns on overstays but I am also seeing WHY people are doing and how they are getting away with it and speaking to that. 

It s the easiest route. And by far the most popular, not many are familiar with the VJ ToS.

 

I 864, much less than 2%  Much much less.

[Ash.1101 1,756]

3 minutes ago, missileman said:

I am for changing the law to prohibit the ability to adjust from all B visas and VWP.......except for extremely limited situations..........but for now......

Honestly if you're able to get a B visa or VWP, you really should have nothing holding you back from a fiance or spousal visa unless the USC is AWA or something.

What situation would you find to be passable in this case? Just curious, I absolutely agree with you.
 

Quote

 

@Boiler
 

It s the easiest route. And by far the most popular, not many are familiar with the VJ ToS.

 

I 864, much less than 2%  Much much less.

 

Yep! And yeah I haven't seen anything happen with an I-864 and I've yet to see anyone speak to seeing it even years ago! 

I agree that it's the easiest route, but it doesn't mean it's the best/right route. I'm with Missileman on his thoughts on adjusting off B and VWPs.
 

Edited April 23, 2019 by Ash.1101

[kris&me 572]

about time 

 

[millefleur 5,047]

In terms of overstayers and other abusers of the system, I'm also going to add that there are cultural differences towards laws. Some cultures see laws as flexible, bendable, not strict and have been brought up in a culture where bending the law to your own benefit is basically a way of life, if not a survival technique. Such people can carry this attitude with them to the US and apply it to our immigration laws. If our government doesn't put any deterrence or punishments in place, people are just going to keep ignoring or bending the law for their own gain. If someone already comes from a culture where laws and law enforcement are not to be trusted and they know people who've adjusted on the wrong visa, there's little we can do to stop this person from carrying out their plans to overstay and/or adjust. 

 

Then there's the political will question here on the US side, people don't want to get into the details of immigration law. It's complicated, it's red tapey, it's boring. People don't want to have a public discussion about what forms are allowed, what visa types, what fees should be in place...it would bore the public to death sadly. I think this is why "building the wall" become such a huge mantra for people who are interested in immigration, because it sounds exciting and solid, it is something people can visualise and imagine it. Imagine a politician going on stage to proceed to discuss matters of the I-864, and this type of visa versus this type, and people on X visa overstay more than this, and blah blah...people would fall alseep I'm afraid. It's a hard topic to get people here in the US to focus on in a way that would be truly productive because paperwork is boring and immigration gets people riled up for emotional reasons.

[Crazy Cat 41,985]

6 minutes ago, Ash.1101 said:

Honestly if you're able to get a B visa or VWP, you really should have nothing holding you back from a fiance or spousal visa unless the USC is AWA or something.
What situation would you find to be passable in this case? Just curious, I absolutely agree with you.

Maybe unforeseeable disasters like a parent becoming terminally ill during a visit...

[Boiler 45,752]

2 minutes ago, millefleur said:

In terms of overstayers and other abusers of the system, I'm also going to add that there are cultural differences towards laws. Some cultures see laws as flexible, bendable, not strict and have been brought up in a culture where bending the law to your own benefit is basically a way of life, if not a survival technique. Such people can carry this attitude with them to the US and apply it to our immigration laws. If our government doesn't put any deterrence or punishments in place, people are just going to keep ignoring or bending the law for their own gain. If someone already comes from a culture where laws and law enforcement are not to be trusted and they know people who've adjusted on the wrong visa, there's little we can do to stop this person from carrying out their plans to overstay and/or adjust. 

 

Then there's the political will question here on the US side, people don't want to get into the details of immigration law. It's complicated, it's red tapey, it's boring. People don't want to have a public discussion about what forms are allowed, what visa types, what fees should be in place...it would bore the public to death sadly. I think this is why "building the wall" become such a huge mantra for people who are interested in immigration, because it sounds exciting and solid, it is something people can visualise and imagine it. Imagine a politician going on stage to proceed to discuss matters of the I-864, and this type of visa versus this type, and people on X visa overstay more than this, and blah blah...people would fall alseep I'm afraid. It's a hard topic to get people here in the US to focus on in a way that would be truly productive because paperwork is boring and immigration gets people riled up for emotional reasons.

That is one of the things I noticed moving to the US, people are much more prepared to consider rules as being flexible.

[Ahmed&Freda 628]

Attorneys don't help much either.  Although I have not used an attorney with any of the paperwork during my process I have consulted with 3.  One is a very reputable attorney here on the Main Line and on the over of magazines.   He told me after I compiled my I130 that I should have waited to get married attempted a visit visa for my spouse marry him here and adjust the status.  By marrying him first and filing the I130 from abroad I was looking at at least a two year wait.   

 

I have also seen an attorney who helped someone file an I130 and they did not disclose the beneficiaries first marriage due to it not being registered and in hopes to save time.   

 

 

 

 

[Boiler 45,752]

Just now, missileman said:

Maybe unforeseeable disasters like a parent becoming terminally ill during a visit...

You would end up with a forum on VJ discussing how you could push it, what documents you need, what about a Grandparent or an Uncle etc etc. We all are going to die so how close do you need to being terminal.

[Ash.1101 1,756]

2 minutes ago, missileman said:

Maybe unforeseeable disasters like a parent becoming terminally ill during a visit...

Ah okay I could see that! It would be so rare though, that yeah I think something like that could be a by consideration circumstance. Now if everyones family members started becoming ill during a visit... we have a problem lol.

[Mollie09 1,543]

6 minutes ago, millefleur said:

In terms of overstayers and other abusers of the system, I'm also going to add that there are cultural differences towards laws. Some cultures see laws as flexible, bendable, not strict and have been brought up in a culture where bending the law to your own benefit is basically a way of life, if not a survival technique. Such people can carry this attitude with them to the US and apply it to our immigration laws. If our government doesn't put any deterrence or punishments in place, people are just going to keep ignoring or bending the law for their own gain. If someone already comes from a culture where laws and law enforcement are not to be trusted and they know people who've adjusted on the wrong visa, there's little we can do to stop this person from carrying out their plans to overstay and/or adjust. 

 

Then there's the political will question here on the US side, people don't want to get into the details of immigration law. It's complicated, it's red tapey, it's boring. People don't want to have a public discussion about what forms are allowed, what visa types, what fees should be in place...it would bore the public to death sadly. I think this is why "building the wall" become such a huge mantra for people who are interested in immigration, because it sounds exciting and solid, it is something people can visualise and imagine it. Imagine a politician going on stage to proceed to discuss matters of the I-864, and this type of visa versus this type, and people on X visa overstay more than this, and blah blah...people would fall alseep I'm afraid. It's a hard topic to get people here in the US to focus on in a way that would be truly productive because paperwork is boring and immigration gets people riled up for emotional reasons.

 

I work with really smart people, but they know very little about immigration. They think since I've been living in the US for more than 10 years, I'm automatically a citizen. If not that, then marrying a citizen made me a citizen, right? If not my husband, then my son was born in the US, so I must be a citizen now, right?

Then I explain that no, that's not how it works and they assume I mean for me, in my situation. Because in general, in their mind, that's how it works.

 

2 minutes ago, Boiler said:

You would end up with a forum on VJ discussing how you could push it, what documents you need, what about a Grandparent or an Uncle etc etc. We all are going to die so how close do you need to being terminal.

We already see this with expedition requests based on "illnesses" and "financial burden"

Edited April 23, 2019 by Mollie09

[chi6488 94]

We need to enforce laws on the books

 

[millefleur 5,047]

4 minutes ago, Mollie09 said:

 

I work with really smart people, but they know very little about immigration. They think since I've been living in the US for more than 10 years, I'm automatically a citizen. If not that, then marrying a citizen made me a citizen, right? If not my husband, then my son was born in the US, so I must be a citizen now, right?

Then I explain that no, that's not how it works and they assume I mean for me, in my situation. Because in general, in their mind, that's how it works.

Same here. I've had conversations with pretty intelligent people who voted for Trump specifically over the immigration issue. When I explained how basically a ton of overstays and other issues are caused by the fact that it's all up to the CBP officer determining intent at the border, they are in disbelief. I imagine that most people assume that the system for VWP and other NIV's is much, much stricter than it really is...and that visas/GC's for spouses and family members is much, much easier than it really is, i.e. you just automatically get citizenship if you marry a USC. There's just so much public ignorance about immigration.