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Thread: Illegals, Overstay, Status Change - question

  1. #1
    Hi...

    I am doing some research about illegal immigration.

    We all know if you cross the border you become an illegal/undocumented immigrant. So basically you have no chance of becoming legal anymore as far as I know. Please correct me if I am mistaken.

    Many other people fly into the United States as tourists. They overstay their visa - now aren't those people also considered illegal/undocumented immigrants too when their visa expires?

    However, I am reading that those people can "change their status" and become legal without even returning to their country to immigrate properly.

    You can see my confusion. So am I correct in thinking that those who overstay their visa are "less illegal" than those who cross the border and therefore are given an opportunity to become legal?

    Is it only because they were inspected, or something else?

    Thanks

  2. #2
    Someone12
    Guest
    because of loopholes (thanks, Congress!) people who lie to get visas and lie to our border officials can often marry some village idiot after they have overstayed and are allowed to change status to a resident...which I think is baloney....Congress should end ALL changes of status except from the fiance visa ...everyone else, go home.
    Sadly our country fills up with illegal aliens who either sneak across the border (entering without inspection, or EWI)...thankfully these enema bag cleaners cannot adjust their status after searching the trailerparks for some dodo to marry...but those who come here under false pretenses with a tourist visa often can...it's a shame...but yes, technically both of these types of irresponsible cheats are illegals.

  3. #3
    Perfect!!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  4. #4
    Originally posted by rwbimm:
    Hi...

    I am doing some research about illegal immigration.

    We all know if you cross the border you become an illegal/undocumented immigrant. So basically you have no chance of becoming legal anymore as far as I know. Please correct me if I am mistaken.

    Many other people fly into the United States as tourists. They overstay their visa - now aren't those people also considered illegal/undocumented immigrants too when their visa expires?

    However, I am reading that those people can "change their status" and become legal without even returning to their country to immigrate properly.

    You can see my confusion. So am I correct in thinking that those who overstay their visa are "less illegal" than those who cross the border and therefore are given an opportunity to become legal?

    Is it only because they were inspected, or something else?

    Thanks
    Hi and welcome to the fourm.

    A slight correction to the term "illegal." For someone to be "illegal" one needs to enter the United States without going through a designated port of entry.

    A designated port of entry is a place which the alien is inspected at CBP assigned points. These assigned points can be at a port, airport, or international bridges between the U.S. and Canada/Mexico.

    In rare circumstances, an illegal can become legal. This is called Temporary Protected Status, ie refugee or assylee. A very common example will be Cuban Refugees who cross the open sea, land on U.S. soil, but not at a port or other designated port of entry, and then file the appropriate paperwork to claim protective status.

    However, illegals cannot adjust status through marriage or employment.

    Overstays are different than illegals. An overstay is an alien who came through a designated port of entry, but have stayed in the U.S. beyond the allotted visa expiration date. These aliens can change their status either by filing a waiver or through marriage to a US citizen.

    Aliens who entered the U.S. and have violated the terms of their visa, but not overstaying the designated time, are sometimes called undocumented aliens, or visa violators. Again, they can adjust their status by filing the I-539 in some situations, marriage, or other legal means.

    What you need to do is clearly define what an illegal alien is, a visa overstay, and an alien who has violated the terms of the visa. Eahc do have recourse to change their status, but depends on their individual facts and circumstances.
    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

  5. #5
    But Of Coarse!

    90% Have A Port Of Entry!!! Even Those That Plan To Jump Ship, Overstay, Etc.

    A Seaman From Afar Takes His Shore Time, With No Intentions Of Returning, Then Finds Victim of Marriage Etc. Planned For Years!!!! It Is Forgiven. Had A Legal Point Of Entry!!! Then a Plan For Marriage To Secure The Plan!!!

    TOO MANY LOOPHOLES AND TOO MUCH FORGIVENESS FOR THOSE THAT KNEW BEFOREHAND EXACTLY WHAT THEY WERE DOING!!!!

    This Only One Of Many Scenarios!!! ALL FRAUD! Yet They Succeed!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  6. #6
    thankfully these enema bag cleaners cannot adjust their status after searching the trailerparks for some dodo to marry
    Yes they can and are doing it on a daily basis via the Pilot Waiver Program. The only difference is they have to return to their country of origin to go through the process.

  7. #7
    Actually, seamen or C/D visa holders can't adjust status while in the USA.
    Originally posted by MakeItRight!:
    But Of Coarse!

    90% Have A Port Of Entry!!! Even Those That Plan To Jump Ship, Overstay, Etc.

    A Seaman From Afar Takes His Shore Time, With No Intentions Of Returning, Then Finds Victim of Marriage Etc. Planned For Years!!!! It Is Forgiven. Had A Legal Point Of Entry!!! Then a Plan For Marriage To Secure The Plan!!!

    TOO MANY LOOPHOLES AND TOO MUCH FORGIVENESS FOR THOSE THAT KNEW BEFOREHAND EXACTLY WHAT THEY WERE DOING!!!!

    This Only One Of Many Scenarios!!! ALL FRAUD! Yet They Succeed!!!

  8. #8
    Originally posted by swissnut:
    Actually, seamen or C/D visa holders can't adjust status while in the USA. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MakeItRight!:
    But Of Coarse!

    90% Have A Port Of Entry!!! Even Those That Plan To Jump Ship, Overstay, Etc.

    A Seaman From Afar Takes His Shore Time, With No Intentions Of Returning, Then Finds Victim of Marriage Etc. Planned For Years!!!! It Is Forgiven. Had A Legal Point Of Entry!!! Then a Plan For Marriage To Secure The Plan!!!

    TOO MANY LOOPHOLES AND TOO MUCH FORGIVENESS FOR THOSE THAT KNEW BEFOREHAND EXACTLY WHAT THEY WERE DOING!!!!

    This Only One Of Many Scenarios!!! ALL FRAUD! Yet They Succeed!!!
    </div></BLOCKQUOTE>

    AHHHHH. But Yes they Can!!!! As Well As Any Visa Overstay!!! And They DO!!!! Shall We Pray For That Day Where Forgiveness For Those With Agenda No Longer Exist!!!

    Sorry. You Have To Do The Research Yourself.

    Is The immigration Attorney That Succeeds In Allowing This Fraud To Continue!!! Giving The Answers To Those That Are Actually Laughing! Even Behind The Attorneys Back. Calling Him Or Her FOOL!!!!! But The Immigration Attorney Does Not Care!!! For The $$$$$$$$$$ Is delicious!!!

    Not The Immigrant That Is Problem!!! Tis Thee Immigration Attorney That Has Avoided Thinking About The Future Of His/Her Own Country For $$$$$$. Loyally, Devotion, Morals, Values, Put Aside For Self!!!!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  9. #9
    Originally posted by MakeItRight!:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by swissnut:
    Actually, seamen or C/D visa holders can't adjust status while in the USA. <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by MakeItRight!:
    But Of Coarse!

    90% Have A Port Of Entry!!! Even Those That Plan To Jump Ship, Overstay, Etc.

    A Seaman From Afar Takes His Shore Time, With No Intentions Of Returning, Then Finds Victim of Marriage Etc. Planned For Years!!!! It Is Forgiven. Had A Legal Point Of Entry!!! Then a Plan For Marriage To Secure The Plan!!!

    TOO MANY LOOPHOLES AND TOO MUCH FORGIVENESS FOR THOSE THAT KNEW BEFOREHAND EXACTLY WHAT THEY WERE DOING!!!!

    This Only One Of Many Scenarios!!! ALL FRAUD! Yet They Succeed!!!
    </div></BLOCKQUOTE>

    [color: red]AHHHHH. But Yes they Can!!!! As Well As Any Visa Overstay!!! And They DO!!!! [/color] Shall We Pray For That Day Where Forgiveness For Those With Agenda No Longer Exist!!!

    Sorry. You Have To Do The Research Yourself.

    Is The immigration Attorney That Succeeds In Allowing This Fraud To Continue!!! Giving The Answers To Those That Are Actually Laughing! Even Behind The Attorneys Back. Calling Him Or Her FOOL!!!!! But The Immigration Attorney Does Not Care!!! For The $$$$$$$$$$ Is delicious!!!

    Not The Immigrant That Is Problem!!! Tis Thee Immigration Attorney That Has Avoided Thinking About The Future Of His/Her Own Country For $$$$$$. Loyally, Devotion, Morals, Values, Put Aside For Self!!!! </div></BLOCKQUOTE>


    Be Careful Mir not to mislead, ... be prepared to back up YOUR statement with research. Crew member and transit do not get the same forgiveness as visa overstay to adjust status in usa.

    Swiss is correct and be assured that she has already done research before she posts. C & D visa cannot adjust their status on usa soil, or easily change their status.

    C/D visa and adj of status


    The only exception to this would be if a I-130 would have been filed on their behalf on or before april 30, 2001 to be able to adjust under 245I.

    so as it stands in general. Crew members and transit cannot adjust status on us soil.

  10. #10
    Thank You.
    You Too swissnut.

    No Possible way what so ever To recieve a green Card Without first Returning To The Home Country???
    Married USC, Authorization To Work, Left The Ship 2004. And Did Recieve Green Card.

    I Am Curious How Many Will Respond????

    Job Security????
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

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