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

[TBoneTX 46,075]

Of note, sometimes CBP agents are stationed at TSA checkpoints to look for travelers who are out of status:

http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/#entry7784682
 

[givionte 138]

7 hours ago, Cathi said:

I agree with Trump on literally nothing. This I agree with. AOS should be eliminated for anyone who arrives on anything but a K-1.

And how exactly is that fair for anyone who had worked here for years, perhaps got married and started a family?  Or someone who has been a student in our high schools and universities, and wants to stay and work legally?  Sending them back home only to file new paperwork is quite ridiculous, even countries with strict visa and immigration laws like China can adjust your status without leaving the country in the majority of cases.

[Unlockable 7,315]

2 hours ago, givionte said:

And how exactly is that fair for anyone who had worked here for years, perhaps got married and started a family?  Or someone who has been a student in our high schools and universities, and wants to stay and work legally?  Sending them back home only to file new paperwork is quite ridiculous, even countries with strict visa and immigration laws like China can adjust your status without leaving the country in the majority of cases.

Because if someone came on a visitor visa and did the things you mentioned that I highlighted in bod, it means they did those things illegally. Why should things be fair for those who skirt the law?

 

As you can see the current ability to AOS from non-immigrant visas is strife with fraud. Also, China, as you mentioned, is also struggling with immigration issues.

Edited April 24, 2019 by Unlockable

[Dashinka 24,778]

15 hours ago, millefleur said:

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.

I imagine the amount of people that actually have regular dealings with CBP related to an international arrival is fairly low (my estimate 20-30%), so they have no idea how it works at a POE.

[Dashinka 24,778]

14 hours ago, Cyberfx1024 said:

I saw something like this today on the Reddit immigration subforum. A guy started a post about how he can get a bank account for his fiancé. When I looked at closer at his profile he was given the path on how to file for his fiancé which is K1 or the CR1 visa. But he said "he got advice from his lawyer" about how the tourist visa was the best choice. So I informed him that he would have to wait until he gets the EAD to get bank account for his now fiancé. 

 

The whole thing was just infuriating. 

So there are lawyers recommending work-arounds to skirt the rules.  Amazing.

[Dashinka 24,778]

12 hours ago, theresaL said:

Probably but not until after much teeth gnashing and fake indignation by the MSM and others. It will be painted as more of Trump's racist, bigoted, -ic, -ist, -ist policies. All the while ignoring the fact that he has continually stated the wall is only part of the solution to a much bigger problem that includes taking measures to address visa overstays.

How much press time is given on B1/B2 denials?  Heck, most in the media could not care less about someone getting denied at some foreign consulate after all of 2 minutes.  The media though will focus on the person that has been in the US (legally entered but overstayed) 10 years plus being deported with a bar leaving behind a spouse and children.

[Dashinka 24,778]

12 hours ago, Cathi said:

I agree with Trump on literally nothing. This I agree with. AOS should be eliminated for anyone who arrives on anything but a K-1.

What about H1B's, E's, L's, or O's?  Those are dual intent visa just like a K1.

[Dashinka 24,778]

11 hours ago, theresaL said:

Sounds like they are understaffed in the Recorders office or not very efficient. That's something that can be remedied at election time. 

Not likely though, it is California afterall.

[Dashinka 24,778]

17 hours ago, missileman said:

Show them this attorney's opinion..

https://www.soundimmigration.com/can-i-enter-on-a-visitors-visa-b-2-and-then-adjust-status-to-permanent-resident/

 

"Even if the person gets into the U.S. they still cannot adjust status to permanent resident.

Let’s say our Chinese wife gets into the United States on her B-2 visitor’s visa. Remember that all along she was planning to apply for residency, so after entry her husband files and I-130 Petition for Alien Relative and she files an I-485 Application to Adjust Status to Permanent Resident. She’s already in the country, and their marriage is legitimate, so is she home free? No.

An I-485 application for permanent residency is considered an application for admission to the U.S. This is a counter-intuitive concept that many struggle with. Even though the applicant is already in the country, U.S. Citizenship and Immigration Services (USCIS) treats the person as though they are outside the U.S. and seeking entry. Why does that matter? Because the person is screened for all grounds of inadmissibility.

What are the grounds of inadmissibility? The immigration statute has a long list of rules about whether a person is admissible to the U.S. A person is considered inadmissible if she has certain diseases, has committed certain crimes, is a security threat, etc. But a person is also inadmissible if she has committed immigration fraud. Under INA 212(a)(6)(C)(i).."

 

 

This is what I do not understand (the unbolded part), if the I485 is considered an application for admission why cannot intent be re-visited at the AOS interview?  It always grinds me when someone comes on discussing AOSing from a B2, or other NIV, I know it is legal, and I will respond accordingly, but I was brought up to wait my turn in line and do things properly, but if USCIS delved more into the admission intent during the AOS it may result in more denials due to misuse of a NIV.  It will be interesting to see what the DoS and DHS come up with in the next few months.

 

I remember when I was dating Katya and we wanted her to visit to see how she liked the US and Michigan, two B2 denials and some folks I knew telling me she should fly to Mexico and cross illegally.  Of course we did not take that route, but it is amazing to hear how some people think.

Edited April 24, 2019 by Bill & Katya

[The_Empyrean 733]

Yaaaaas finally. Some justice for us, who do things legitimately rather than meh, just gonna come in and adjust. They should remove the Adjustment of status for B2/VWP all together too.

I love the idea of bonds. If they don't leave, we get to keep the money. Money is good. Less people are gonna risk, on the other hand i hope those bonds are gonna be a lot higher than $100 or something. Slam the most difficult countries with 3k per person.

They need to reform the whole immigration big time. And this is one small step for man, giant leap for americans.. 

[Dashinka 24,778]

31 minutes ago, The_Empyrean said:

Yaaaaas finally. Some justice for us, who do things legitimately rather than meh, just gonna come in and adjust. They should remove the Adjustment of status for B2/VWP all together too.

I love the idea of bonds. If they don't leave, we get to keep the money. Money is good. Less people are gonna risk, on the other hand i hope those bonds are gonna be a lot higher than $100 or something. Slam the most difficult countries with 3k per person.

They need to reform the whole immigration big time. And this is one small step for man, giant leap for americans.. 

I could go for $1,000 per traveler as a bond.

[Ash.1101 1,756]

10 minutes ago, Bill & Katya said:

I could go for $1,000 per traveler as a bond.

Honestly though, the countries listed earlier in this thread as the most common overstays that would be the ones more heavily looked at, are hard enough to get visitor visas for as is, I don't think 1000$ would be a deterrent to those who have a strong case for a visitor visa. I think it would have to be more.

Edited April 24, 2019 by Ash.1101

[The_Empyrean 733]

14 minutes ago, Bill & Katya said:

I could go for $1,000 per traveler as a bond.

if a person scooped up $1000 for a ticket from europe, another grand would be bad considering how much they could "Make illegally" while staying here. It won't be enough. Something like Parole office would work. If you come from a very high fraud country, $3,000 at the POE, + going back to CBP to register again, or renew monthly (if staying longer than a month), for a redetermination of stay.

Thousand bucks is nothing for the risk. The money collected from Overstays, should cover the DACA, Asylum seekers etc. It should have nothing to with US. Need for a separate branch to deal with DACA, Asylum seekers, and now bond collections is massive. I think USCIS should branch off and create additional department dealing with illegal immigration, anchors, DACA, Asylum, refugees, rather than the same dept who is funded by us. Money collected from Bonds and some federal funding, should do the trick. Federal money would open peoples' minds' on how much we're paying for them now. The "poor illegals immigrants who do nothing wrong..."

[Mollie09 1,543]

4 hours ago, Unlockable said:

Because if someone came on a visitor visa and did the things you mentioned that I highlighted in bod, it means they did those things illegally. Why should things be fair for those who skirt the law?

 

As you can see the current ability to AOS from non-immigrant visas is strife with fraud. Also, China, as you mentioned, is also struggling with immigration issues.

This was in response to someone who said people should only be able to adjust from a K-1. People should also be able to adjust from work/study visas, where they would be doing all of these things LEGALLY for years.

I married on an H1B, it would make no sense to make me quit my job to go back to my home country for my husband to petition me from there.

[LenaT 95]

I don't understand why they should limit people who may have real reasons to come to the country because somebody else overstayed before?!

 

Before coming on a K1 visa I applied for a tourist visa to meet my boyfriend's family and see the country he is from. I didn't want or plan to overstay (had only a two week vacation) but was denied like many others, because of the image other people in my country create. Yes, I know that many people get tourist visas, overstay and live happily while appling for some kind of a deal to get a GC. It was not my story and I'm pretty sure there are a lot of people who got denied for the same reason in a similar situation. I just feel outraged that instead of doing something after the people arrive they want to stop people from arriving so they won't need to bother.

In Russia, for example,  every foreigner coming to the country must register in any police office within 3 days upon arrival (many hotels or hostels do it too), so there is a clear picture where the person is. Why not do the same? We were all asked at the visa interview and by officers at airports about the length of our visit. Why not make people come to any local immigration office when they are going to leave to support their return ticket as a proof and then just check with the airline if the person really took the flight. I may be a fool in such questions, but it seems to be doable..