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Three and Ten Year Ban (and parole?)

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  • Three and Ten Year Ban (and parole?)

    Dos anyone else see the unfairness of this law?
    Is there anything we can do about it? Anyway around it, through it, over it, etc? (Extreme and unusual hardship to spuse aside - I hear it's easier to win the lottery).

    I don't hear anyone talking about this topic, and I would love to get a discussion going about it.I read something about possibly applying for parole - but have no idea how that could be done. And, does that mean that the immigrant could never get a green card?

    Thanks everyone!
    juju

  • #2
    Dos anyone else see the unfairness of this law?
    Is there anything we can do about it? Anyway around it, through it, over it, etc? (Extreme and unusual hardship to spuse aside - I hear it's easier to win the lottery).

    I don't hear anyone talking about this topic, and I would love to get a discussion going about it.I read something about possibly applying for parole - but have no idea how that could be done. And, does that mean that the immigrant could never get a green card?

    Thanks everyone!
    juju

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    • #3
      They have a bar time so that people don't overstay their visas. Even they do have it, people still don't follow the rules. =(

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      • #4
        None of us knew about this bar. I think most immigrants as well as Americans have no idea it exists. A deterrent cannot work if nobody knows about it. And isn't the ratio of time a little extreme?

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        • #5
          I suppose most American wouldn't know about immigration unless they are some how related to a person that is going through INS process. My husband doesn't know a thing about immigration until he met me neither do my American friends. The same goes for me with immigration laws in my own country.

          I sort of knew about the bar, but not in detail. What I do know is that I would be trouble if I didn't maintain my non-immigrant status.

          I do agree that 10 year bar is a somewhat too extreme. Maybe it should 3 and 5.

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          • #6
            These laws were passed in 1996 and took effect in 1997 and have been well known ever since. They were designed to encourage visa applicants to tell the truth and do what they said they were going to do when coming to the US. If someone overstays by a year for example, it would seem then that person did tell the truth to a) the embassy and b) the INS. Yet the US bestowed a privilege upon the visa applicant but that person decided not to abide by the terms of that privilege. Why should we reward such behavior?
            A visa is a privilege, not a right. Abusers should expect a severe penalty for violating the terms of the visa privilege.

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            • #7
              These laws were passed in 1996 and took effect in 1997 and have been well known ever since. They were designed to encourage visa applicants to tell the truth and do what they said they were going to do when coming to the US. If someone overstays by a year for example, it would seem then that person did tell not the truth to a) the embassy and b) the INS. Yet the US bestowed a privilege upon the visa applicant but that person decided not to abide by the terms of that privilege. Why should we reward such behavior?
              A visa is a privilege, not a right. Abusers should expect a severe penalty for violating the terms of the visa privilege.

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              • #8
                Wait until it involves losing your immediate family.

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                • #9
                  Thank you

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                  • #10
                    Perhaps somebody should have thought of that before violating US laws and abusing a privilege. Very few people overstay because they "don't have a choice." Unless a person was in jail or a coma, they had every free choice to leave the US when their authorized stay was over...other excuses are just plain baloney.

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                    • #11
                      My wife and I are in a good faith marriage. Unfortunately, I was apprehended by INS before our marriage date (thanks to a snitch) and charged with overstaying. We married after they started the proceedings. An I-130 is filed 7 months ago and it's approval will terminate the proceedings. In any case, it's not approved soon and the IJ grants me voluntary departure, I might have to leave Feb '03.

                      So are waivers available for this 10 yr ban? I am not sitting and waiting overseas for 10 years while my wife is over here. And she is a US citizen, she has the right to be here with her husband, she is not leaving here!

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                      • #12
                        Juju, I moved here in 1997. you know what? when they passed the law in 1997, they featured it on all news stations in my area. CNN had a field day with the lawmakers. I knew about the law since as a foreigner in this country, I keep up with the laws. The Philippine consulate also issued an advisory about this.

                        The thing is, INS already has a waiver for overstaying your visa status. If one leaves within 180 days (that's six months!), they can exit without any ban. within a year after 180 days, 3-yr ban and more than a year, 10 years. Even for laid off workers, one has 180 days to find a new job and not violate his visa status.

                        I agree with Guest that we should be responsible for our own actions and not try to see the INS law as a severe punishment. The law was put to place to prevent people from overstaying their visas. And people do overstay, looking for work, working illegally. Why reward someone for ignoring the law. It's actually stamped on the visa that you cannot overstay.

                        And the time ratio is not severe. I think it's just fair, do you know how long six months feels like when you are on vacation.

                        As they say, one's ignorance of the law is no excuse for breaking the law.

                        If you want to immigrate into this country, I suggest you read all the laws that affects you as an immigrant and not blame someone else for blatantly ignoring it's laws.

                        I'm not American, but I hate it when people break laws and demand that they be given the same privilege as the citizens of this country when they broke the law that protects it's citizens in the first place.

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                        • #13
                          well mr philipino no body is perfect..it happens that some dayr someone breaks a law..I am not talkings about criminal stuff or somthing like that..just talking about some kind of people who would rather stay illegal here to be with their family...
                          what did Clinton do with Lewinsky ?did he break the law when lying under oath or no ?? He was a president by then !!!!!!!!!!!!!!
                          Please don't judge..nobody is PERFECTTTTTTTTTTTTT

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                          • #14
                            Dear Bushmaster: Your problems are your own, not to be blamed on some snitch. And, check the constitution carefully; you will not find that a citizen has the right to live with their spouse; if that were true, no waiver would be required. Think about it. You were given a privilege; you decided the law did not apply to you. You were wrong.

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                            • #15
                              to sony, clinton broke the law, but he's paying dearly for his actions, he's in millions of dollars in debt from lawyer fees and his reputation is forever tarnished. yes, he is not perfect but guess what? this is his country and he's still paying for his actions.

                              As for bushmaster, he was already overstaying when they got married. Why did he overstayed in the first place?

                              The point is, these are laws. Wether we like it or not, they should be followed because we choose to live in this country. It's one's own fault that they are punished because they ignored it.

                              As for people overstaying their visas, most do mainly to find work, work illegally and then scramble to legalize their status when they run out of time. I read through the discussion board and read about people who are in another country waiting for their petition to be approved, finding ways to shorten the already lengthy process but still not breaking the rules. What makes them different from us? Nothing. They just took time and bear the loneliness of being away from their families because they want a good life in the future and not break any laws.

                              I read through the discussion board and since we are posting, we all know we can read and write English. In the months that we are here, we can read through the whole INS process and get to know the law. Law Associations in DC provide for free consultation for aliens who are in need of legal advice. So there is help BEFORE you break any laws.

                              I have no axe to grind with any of you. I am for immigration, as I am an immigrant myself. But I took time to research and planned for this so I never was in any position that I will have no law on my side. I'm not perfect even. So what gives?

                              Sorry, but I have no respect for people wh

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