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Turn on the news or open a national newspaper, and there will be a story about immigration issues. And while reasonable people can debate whether or not illegal border crossing present a crisis, the fact remains that the majority of new people who are without lawful status in our country each year are people who came in legally, but who have overstayed a permitted visit. Several administrations have tried to find ways to address visa overstays, but how can the government initiate removal proceedings against someone who is under the radar? It appears as though they are finding ways.
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Depending on the country from which one is visiting, the process to get a U.S. visa can be long and involve documentation, expensive fees and a personal interview at an overseas Embassy or Consulate, or it can be a relatively easy process of completing an electronic application online. In both situations, however, the process can often result in confusion when someone receives their visitor visa which shows that it is valid for multiple years. That is because many visitor visas state that they are valid for ten years, while others show a relatively short duration (such as three months).
It is not uncommon for a visitor to misunderstand the rules, and mistakenly think that they can remain in the U.S. for the entire 10 years (or the shorter duration of their specific visa). That is not the case at all! Click "Read More" to continue reading. U.S. Customs and Border Protection (CBP) has issued an advisory regarding telephone scams which target migrants. The scams, which seek electronic transfers of money to resolve some aspect of a family's immigration cases in the United States, have come to the attention of the Department of Homeland Security’s Joint Task Force-West South Texas Corridor (JTF-W STC) and consular officials from several neighboring countries.
According to the CBP advisory, people are receiving unsolicited calls from scammers posing as authority figures from several Department of Homeland Security (DHS) entities like Immigration and Customs Enforcement (ICE) and U.S. Border Patrol (USBP), as well as consular officers and shelter administrators. The scammers then request money to be sent electronically to help their family members obtain some service or consideration, or to purchase travel tickets. The scammers threaten an adverse action against the family members if the demand is refused. The Department of Homeland Security (DHS) and U.S. Consulates DO NOT solicit money over the phone. CBP asks that if such calls are received, people decline to wire any funds, make a note of the number and any other pertinent details about the call, and report the incident to the authorities and the appropriate consulate for investigation. On May 10, 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum will soon impact F, J and M visa holders. The new policy changes when and how immigrants with these types of visas begin to accrue "unlawful presence" in the United States.
By way of background, generally, F visas are issued to students, J visas are issued to exchange visitors, and M visas are issued to vocational students. All are non-immigrant visas. What is unlawful presence? Unlawful presence is that amount of time a person remains in the United States (US) after the expiration of his or her approved visit, as listed on their Admission Record (Form I-94). When a person enters the US on a visa, they are generally inspected by a U.S. Customs and Border Protection (CBP) agent at the port of entry (most often an airport). When their passport and visa are examined, the CBP agent determines a date by which the non-immigrant must leave the U.S., and he or she will issue an Admission Record that provides proof of someone’s lawful record of admission. That form (which is now electronic) also contains the date by which the visitor must leave. Click "Read More" to continue reading |
AUTHORS:
Aleksandr Y. Troyb, Esq.
Benjamin Gold & Troyb, P.C. 350 Bedford Street - Suite 403 Stamford, Connecticut 06901 Tel. (Eng.): 203-425-8500 Tel. (Rus.): 203-653-2993 Facsimile: 203-425-8600 Archives
October 2019
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