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Old 09-27-2011, 08:56 AM
 
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Where I live if you fail to pay a ticket or don't show up to court you are issued a warrant for arrest.

Should arrest/deportation warrants be issued for expired visas for failing to leave the country before the visa expires?
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Old 09-27-2011, 09:30 AM
 
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Yes definitely - or why go through the pretense of having a legal visa with expiration dates and terms?

It shouldn't be any more difficult than it is to go after tax evaders and kinds of fraud. The government is certainly eager enough to go after American citizens who decide not to pay their taxes.
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Old 09-27-2011, 09:32 AM
 
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Quote:
Originally Posted by All American NYC View Post
Where I live if you fail to pay a ticket or don't show up to court you are issued a warrant for arrest.

Should arrest/deportation warrants be issued for expired visas for failing to leave the country before the visa expires?
Of course.
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Old 09-27-2011, 09:49 AM
 
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Quote:
Originally Posted by malamute View Post
Yes definitely - or why go through the pretense of having a legal visa with expiration dates and terms?

It shouldn't be any more difficult than it is to go after tax evaders and kinds of fraud. The government is certainly eager enough to go after American citizens who decide not to pay their taxes.
I agree with you on the tax issue.

Many Americans evade taxes and are sought after. Illegals should be sought down & detected also.
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Old 09-27-2011, 11:48 AM
 
Location: Jacurutu
5,299 posts, read 4,828,454 times
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Quote:
Originally Posted by All American NYC View Post
Where I live if you fail to pay a ticket or don't show up to court you are issued a warrant for arrest.

Should arrest/deportation warrants be issued for expired visas for failing to leave the country before the visa expires?
What about a scenario where someone on a Tourist Visa had no original immigrant intent, but started a relationship and married a U.S. citizen during that time here?...

How do they do an Adjustment of Status?...

It would be more worthwhile to audit the Visa Waiver Program, and deport those that fraudulently misuse it to enter the United States while being ineligible for it or a Tourist Visa at all...
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Old 09-27-2011, 12:47 PM
 
14,306 posts, read 13,270,930 times
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Originally Posted by IBMMuseum View Post
What about a scenario where someone on a Tourist Visa had no original immigrant intent, but started a relationship and married a U.S. citizen during that time here?...

How do they do an Adjustment of Status?...

It would be more worthwhile to audit the Visa Waiver Program, and deport those that fraudulently misuse it to enter the United States while being ineligible for it or a Tourist Visa at all...
First off how long can someone stay here on a tourist visa? I think it is a relatively short time. Why are they forming a relationship with a U.S. citizen and marrying them within that short period of time? Sorry, I don't believe in love at first sight. Even so, what is to prevent them from returning to their own country after their tourist visa is no longer valid and then seeking to come back here in a new and lawful way?
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Old 09-27-2011, 02:03 PM
 
Location: North Texas
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Quote:
Originally Posted by All American NYC View Post
Where I live if you fail to pay a ticket or don't show up to court you are issued a warrant for arrest.

Should arrest/deportation warrants be issued for expired visas for failing to leave the country before the visa expires?
Yes.
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Old 09-27-2011, 02:08 PM
 
Location: Pa
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Yes they should.
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Old 09-27-2011, 02:17 PM
 
Location: Jacurutu
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Quote:
Originally Posted by chicagonut View Post
First off how long can someone stay here on a tourist visa? I think it is a relatively short time...
180 days. For the Visa Waiver Program it is 90 days. Remember I even talked about the VWP in a context where someone that marries a U.S. citizen should do it within the second month of their stay?

Too early (first month) it looks like preconceived immigrant intent. Too late (third month) it looks like it is a marriage to avoid going home (and leaves less time to do an Adjustment of Status). Got to hit that Goldilocks moment.

Quote:
Originally Posted by chicagonut View Post
...Why are they forming a relationship with a U.S. citizen and marrying them within that short period of time? Sorry, I don't believe in love at first sight...
So if you don't believe in something it doesn't exist? Amazingly a Fiance(e) Visa processes more quickly than an I-130 for an established marriage. Immigration can really produce some illogical scenarios.

Quote:
Originally Posted by chicagonut View Post
...Even so, what is to prevent them from returning to their own country after their tourist visa is no longer valid and then seeking to come back here in a new and lawful way?
Informally USCIS takes the tact that it is better to overstay, and process within the United States (the Foreign National was "inspected" when they went through the Port of Entry, so they are allowed to adjust status here) rather than starting over by exiting the country. If you faced something like my timeline (we had paperwork in while engaged, and it was still 26 months after we married for my wife to gain Legal Permanent Resident status) what would you choose? Getting an Immigrant Visa is a bundle of trouble compared to Adjustment of Status within the United States, I had both of my Senator's staff involved at different times for the immigration of my family.

Which is more egregious to you, a visa overstay in a case like this, or misrepresentation under the Visa Waiver Program, misused to avoid petitioning and immigration fees? Fine, let's go after overstay cases. Why won't we also consider doing an audit on the Visa Waiver Program?

There isn't a post here about that...
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Old 09-27-2011, 02:31 PM
 
9,240 posts, read 8,635,433 times
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Quote:
Originally Posted by IBMMuseum View Post
What about a scenario where someone on a Tourist Visa had no original immigrant intent, but started a relationship and married a U.S. citizen during that time here?...

How do they do an Adjustment of Status?...

It would be more worthwhile to audit the Visa Waiver Program, and deport those that fraudulently misuse it to enter the United States while being ineligible for it or a Tourist Visa at all...
You still are obligated to your visa term
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