On Apr 22, 8:22 pm, "Joe Feise (Immigration)"
wrote:
> robertwojciechow...@hotmail.com wrote on 04/22/07 02:03:
>
> > 2) F1 requires non immigrant intent - this is true. However when you
> > go to visa interview you do not have to volunteer any information.
>
> There is a fine line. While not volunteering information is ok, hiding a
> material fact, i.e., a fact that, had it been known, would have changed the
> outcome of the case, is not ok.
> Hiding a material fact can result in a lifelong ban.
>
> > 3) Regarding visa waiver - yes you commit immigration fraud. You can
> > technically get deported. They can deport you at POE if they know why
> > you are coming. It is all true. But you have to know that overstays
> > are forgiven for spouses of US citizens.
>
> Overstays are forgiven for spouses of US citizens, but not immigration fraud.
>
> > I can't comment if the poster's GC is valid or not. For what I know -
> > the poster might have had reentry permits, owning a house in the US
> > etc.
>
> If a person abroad for over a year owns a house in the US or not is irrelevant
> for that person's GC. Without a reentry permit, the GC is invalid as entry
> document if a person stays abroad for over a year.
>
> > Anyways - after you get US citizenship you can vote for people who
> > want to change this.
>
> That requires having a GC first...
> --
> I am not a lawyer.
> For reliable advice, consult a competent immigration attorney.
Hello Joe -
>There is a fine line. While not volunteering information is ok, hiding a
>material fact, i.e., a fact that, had it been known, would have changed the
>outcome of the case, is not ok.
>Hiding a material fact can result in a lifelong ban.
That would mean that all people who had spouses in the US and came on
F1 would never be able to
get their status adjusted. I know of couple of people who had this
situation and had their status adjusted.
Also in my opinion anybody who overstayed actually commited
immigration fraud. Think of it - you are getting
a B visa and come to the US, you overstay and work illegally. Come on
- don't tell me that a person doing
this had good intentions to stay in the US for tourist purposes but
somehow fell in love with America and started
working illegally etc. So first there was fraud at US embassy, then
there was overstay and then immigration
violations (working illegally).
I am not saying that I support people in getting illegally into the
US.
The laws regarding spouses are especially disfunctional and need to be
changed.
>Overstays are forgiven for spouses of US citizens, but not immigration fraud.
Yes. And most of overstay people have probably commited immigration
fraud including those trying to get in to the
US on F1 or other visas to study and stay with spouses.
>If a person abroad for over a year owns a house in the US or not is irrelevant
>for that person's GC. Without a reentry permit, the GC is invalid as entry
>document if a person stays abroad for over a year.
This is correct. I was referring to a situation where a person has
ties to the US and reentry permit. Having valid
reentry permit, ties to the US, and extended but temporary trip abroad
make it difficult for INS to deport you when you reenter the US.
>That requires having a GC first...
Yes after you get GC, stay long enough in the US and satisfy all other
reqts you can become US citizen and have a small voice to get rid of
such disfunctional laws.
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