> crg14624 wrote:
> > > Chuck wrote:
> > > > Thank you for all decent comments. Yes, it was a bad idea for my
> > > > friend to leave the country for the interview. He was confused
> > > > by a
> > > > few facts:
> > > > We know 4 guys coming back with the green card from DV
> > > > interviews
> > > > under similar circumstances within the past two years (probably
> > > > overlooked situations).
> > > > There was an article in the New York Times in 1991, I know it
> > > > was
> > > > very
> > > > long ago, explaining the primary purpose of the DV program as
> > > > giving
> > > > a
> > > > chance for legalization for at least some of the illegal
> > > > immigrants
> > > > already living here.
> > > > Adjustment of status was possible within the U.S. for DV program
> > > > winners even for illegals before 1996, and in one or two other
> > > > particular years afterwards (some fine had to be paid for
> > > > overstaying).
> > > > All the above somehow suggested that overstaying regulations are
> > > > not
> > > > so strictly enforced.
> > > > For you guys, trying to criminalize my friend, please look up
> > > > the
> > > > legal determination of the word: criminal. In your view, I'm a
> > > > serious
> > > > criminal myself as well. I broke the law not once, but 4 times
> > > > within
> > > > the past 15 years. I got 2 parking tickets for getting back to
> > > > the
> > > > meter a minute after expiration, once for J walking, and once
> > > > for
> > > > crossing a park with my dog where a visible sign displayed "no
> > > > dogs".
> > > > Friend of mine only broke the law once. He tried to settle in a
> > > > new
> > > > home in a new country, so he overstayed. He worked hard and paid
> > > > at
> > > > least sales taxes on purchased goods, (would have been very
> > > > happy
> > > > for
> > > > being able to pay income taxes as well). He never applied for or
> > > > received any public assistance either, no harm to the government
> > > > or
> > > > society.
> > > > Thanks again for the responses (for the ones providing
> > > > information
> > > > instead of bashing the poor guy),
> > > > Chuck
> > >
> > > <>
> > >
> > > Greetings, Chuck,
> > >
> > > It seems sometimes we confuse the immigration laws with a measure
> > > of
> > > fairness and right or wrong. What I glean from the posts is that
> > > the
> > > penality for overstaying the visitor's visa by over a year is
> > > legislated and automatic denial of entry for 10 years. I feel this
> > > ignores the human toll, is over harsh and ignores the individual
> > > who
> > > may be a fine, hard-working and morally upright person.
> > >
> > > I have heard many stories of this type of thing happening. In most
> > > cases, I think they are very unfortunate.
> > >
> > > For those who advocate upholding the laws, they are of course
> > > right.
> > > Nonetheless, this doesn't mean that some very worthy and good
> > > people
> > > are not harmed by the law. Your friend clearly did not understand
> > > the
> > > consequences of his actions, though he probably knew he had in
> > > fact
> > > overstayed his visa and wasn't supposed to do that.
> > >
> > > It's too bad your friend is barred from legal entry for the next
> > > 10
> > > years.
> > >
> > > I wish you and your friend the best of luck.
> > This is like robbing a bank, winning the powerball lottery, then
> > showing
> > up a year and a half later to fill out a withdrawl slip for the
> > stolen
> > money and then wondering why they arrested you.
> > It's the law, and it should be respected.
> > On another note, the US House of Reps just passed a bill that makes
> > being unlawfully in the US a felony, and eliminates the DV lottery.
> > If
> > the Senate approves it and the President signs, then people like the
> > OP
> > would be criminals after all.
> > --
> > Posted via http://britishexpats.com
>
> I think it's more like entering the US on a 6 mo. visitors visa with
> the intent to stay and work (not allowed), staying and working (not
> allowed), remaining in the US a full year beyond the allowed stay,
> leaving the country, getting caught and penalized for violating the
> visa. ;-)
>
> It wasn't a case of robbing a bank. It was a case of someone knowingly
> violating the visa and really not fully appreciating the potential
> consequences. If he had truly known the end result, he would not have
> overstayed his visa. The imposition of a severe punishment, equably
> applied to all violators, serves as a warning to others: don't
> overstay
> your visa.
>
> Chuck's friend is probably a good guy, not at all like a bank robber.
> He just didn't get it, now he does.
>
> -elgoog
Maybe he didn't rob a bank but he certainly robbed the US and its
citizens and its legal permanent residents. How? He took employment,
he didn't pay taxes, he took up an apartment, used public
transportation, etc. That is robbery. He had no busy remaining in the
US past the time allowed him on his tourist visa. That is an offense
punishable by a ban of 10 years if the overstay is over a year. He
should be a man about it and suffer the consequences of his actions.
That is his responsibility. Have someone that he knows in the US clean
up his household mess for him.
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com |