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    I have been all over the web doing research fro school on changes to our immigration system since 9/11. I am left with questions that I am getting two answers to and wondered if knowledable people here could help:

    If someone enters this country legally on a student or work visa, has been here nearly a decade on this visa, it trying to stay here legally but is going crazy trying to get INS to approve another extension or another type of visa for them to remain, does the INS REALLY come hunt them down and remove them?

    I would think our country has much better things to do than track down people who just wish to live here and have tired legal means to no avail.

    I have been told that unless someone with an expired Visa leaves and tires to re-enter the country or is arrested for a crime (drugs, stealing, etc.) there is little chance immigration officials will come after them as it's not a top priority.


  • #2
    If someone enters this country legally on a student or work visa, has been here nearly a decade on this visa, it trying to stay here legally but is going crazy trying to get INS to approve another extension or another type of visa for them to remain, does the INS REALLY come hunt them down and remove them?

    Do you not realize you just S.C.R.E.W. it up for those who want to come here for legitimate reason and do as they Promised when they signed the document to leave when visas expired !!!! You wonder why we don't want those here and why we USC will push to have immigration in this country shut down/severely. Restricted. We need to get S>U>C>K>E>R> off our foreheads. GO HOME!!!!YOU PROMISED if you wanted to immigrate here then do it the right way,that is not what visas are for!!!! .The USA have been overly generous letting you stay here ten years on a visas.

    Do a search on US Visit link did not post on this , this is only part of it .

    What is US VISIT? The United States Visitor and Immigrant Status Indicator Technology program (US VISIT) is the new automated entry/exit system that is being implemented at our nation's ports of entry. It is designed to collect and share information on foreign nationals traveling to the United States (including travel details and biometric identifiers), confirm identity, measure security risks, and assess the legitimacy of travel in an effort to determine who is welcome and who is not, and help speed traffic flow. The overall plan for the implementation of US VISIT calls for the collection of personal data, photos and fingerprints, at U.S. consular offices abroad and at our ports of entry, as well as broad database and information sharing. The system also is intended to track changes in foreign nationals' immigration status and make updates and adjustments accordingly. Ultimately, the Department of Homeland Security (DHS) plans to make available information captured through US VISIT at all ports of entry and throughout the entire immigration enforcement system.

    US VISIT is the latest manifestation of an earlier program, Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. 104-208) (IIRAIRA). The concept of an entry/exit system to monitor entries at and exits from our nation's ports of entry was first articulated in Section 110, which created an entry/exit system that would have applied to all non-U.S. citizens who entered or exited the United States at any port of entry to identify visa overstayers. Although subsequent laws altered both the deadline and the parameters of the Section 110 entry/exit program, the general framework of Section 110 entry/exit remains the same today. [The Congressional deadline for the entry/exit system was delayed by P.L 105-259 to October 15, 1998. In P.L. 105-277, the deadline was pushed back to March 30, 2001, for land ports of entry and seaports. This law did not affect the deadline for implementation at airports.]

    The Data Management Improvement Act of 2000 (P.L. 106-215) (DMIA) amended Section 110 to require that the entry/exit system use data that already was being collected from foreign nationals and prohibited the Immigration and Naturalization Service (INS) from imposing additional entry or exit documentary or data collection requirements for purposes of the entry/exit system. The act mandated the development of a searchable centralized database and staggered the entry/exit implementation deadlines into three very difficult to achieve time frames as follows:

    Airports and Seaports"”December 31, 2003
    Top 50 high traffic land border ports"”December 31, 2004
    Remaining implementation for all other ports"”December, 31, 2005

    While the system set forth by Section 110, and amended by the DMIA, must record entry and exit for foreign nationals without establishing additional documentary or data collection requirements for the purposes of the entry/exit system, the laws do not prohibit DHS from developing new documentary or data collection requirements to implement provisions contained in other laws. Certainly, the mandate of US VISIT"”to enroll applicants for visas and admission to the U.S. via the collection of two print fingerprints and a digitized photograph"”is beyond current procedures. The potential remains for DHS to include within US VISIT categories of foreign nationals now exempt from program participation, including legal permanent residents, Canadian citizens, and Visa Waiver Program participants.

    In the post-9/11 environment, Congress took another look at the Section 110 entry/exit system in the USA PATRIOT Act of 2001 (P.L. 107-56) (PATRIOT Act). The law encouraged the development of the entry/exit system with "all deliberate speed" and as "expeditiously as practicable," and established a taskforce made up of governmental and private industry representatives to review the establishment of an entry/exit system. The law also mandated that the entry/exit system use biometric technology and requires tamper-resistant documents readable at all ports of entry.

    With the passage of the Enhanced Border Security and Visa Entry Reform Act of 2002 (P.L. 107-173) (Enhanced Border Security Act), Congress addressed the entry/exit system as a program that balances security with the economic realities of our busy ports. To strike this balance, the act mandated that the entry/exit program utilize technologies that facilitate the efficient flow of commerce and travel, including interoperable data bases that aid in the determination of who should be allowed entry into the U.S. Congress here clearly recognized the need to balance improved border security with our nation's economic security as it relates to the flow of people and goods through our nation's ports of entry.

    Bush Seeks Tighter Rules on Entry
    Plan would track students, step up efforts to deport suspects
    By Mike Allen and Eric Pianin
    The Washington Post

    President Bush, changing the direction of his immigration policy, said yesterday that he wants to tighten immigration laws and requirements for student visas to deter would-be terrorists from entering the country.

    Bush said the government will step up efforts to deport foreign nationals suspected of supporting terrorism. Lawmakers working with the administration said measures being considered include using technology to track foreign students as they travel around the United States and to check immigrants' palm prints at airports and borders.

    Sixteen of the 19 terrorists who hijacked planes last month were visiting the United States legally, according to a Justice Department official. One of the other three hijackers had a student visa but was not in school.

    Bush outlined his immigration goals, avoiding specifics, at the inaugural meeting of his Homeland Security Council, which he said will be responsible for protecting "the American people from any threat whatsoever."

    Charging that some noncitizens have "taken advantage" of America's "generous" immigration rules, he named a Foreign Terrorist Tracking Task Force to recommend specific changes in laws and procedures.

    "We're going to tighten up the visa policy," Bush said. "That's not to say we're not going to let people come into our country; of course we are. But we're going to make sure that when somebody comes, we understand their intended purpose and that they fulfill the purpose."

    Bush singled out student visas, saying that some recipients never attend classes, and perhaps never have that intention.

    "We're going to start asking a lot of questions that heretofore have not been asked," Bush said. "We're generous with our universities, we're generous with our job opportunities. . . . Never did we realize then that people would take advantage of our generosity to the extent they have."

    The review of immigration laws is the latest legislative response to the Sept. 11 suicide hi*******s. On Friday, Bush signed a bill giving law enforcement agencies broad powers to pursue terrorists through search warrants and eavesdropping. He also has signed a bailout for the airline industry and recovery funds for the areas where the planes crashed, and he is seeking an economic stimulus package.

    The new approach to immigration follows Bush's earlier effort to make it easier for citizens of Mexico to work in the United States legally. Bush has not abandoned that goal, but it is now on the back burner, administration officials said.

    "By far, the vast majority of people who have come to America are really good, decent people -- people that we're proud to have here," Bush said. "There are some who are evil. And our job now is to find the evil ones and to bring them to justice."

    According to a "fact sheet" distributed by the White House, "Improving legal immigration remains a priority for the Bush administration, but the Bush administration is committed to ensuring that our immigration policies and practices do not allow terrorists to enter or remain in the United States."

    Marlene Johnson, executive director of the Association of International Educators, which promotes exchanges of students and scholars, said her group supports inquiries into the validity of student visa requests. But she added, "It is not good for the country to think that it solves the intelligence issues, which are clearly at the root of terrorism."

    The White House said the task force would coordinate federal efforts to deny entry into the United States of people who are "associated with, suspected of being engaged in, or supporting terrorist activity" and to "locate, detain, prosecute, or deport any such aliens already present" in the country.

    White House officials said they have bipartisan support for such measures. In particular, Sens. Edward M. Kennedy (D-Mass.) and Sam Brownback (R-Kan.) plan to introduce a bill this week to set up an automated system for tracking foreign students and give the State Department and Immigration and Naturalization Service electronic access to FBI and CIA "lookout lists" of
    potential criminals and terrorists.

    The measure would call for sophisticated identification technology, such as instant fingerprinting and hand imaging, at all customs ports. "Congress stands ready to give the administration whatever additional authority may be needed to protect our borders," Kennedy said yesterday.

    Congress last passed a series of anti-terrorist immigration laws in 1996, following the Oklahoma City bombing. As a result, the number of USCIS detainees skyrocketed. The laws required the detention of asylum seekers arriving in the United States without documents and broadened the definition of a felony, applying the change retroactively.

    In June, however, the Supreme Court ruled that the government may not imprison immigrants indefinitely, that legal residents are entitled to have their cases reviewed by a court before facing deportation, and that new deportation rules could not be applied retroactively.

    Lawmakers, troubled by injustices wrought by the 1996 laws, also introduced bills to overturn some of the harshest provisions. After Mexican President Vicente Fox's visit to Washington in early September, it seemed likely that policies would be adopted to help thousands of undocumented families regularize their status. But that was before Sept. 11. Immigration experts suggested that any effort to improve tracking of foreigners would require tightening identification requirements for visa seekers, probably by recording a visitor's fingerprints or other unique physical characteristics, known as biometrics.

    "This is the way to go, and the technology is there now," said Don Hamilton, deputy director of the National Memorial Institute for the Prevention of Terrorism. Biometric identification would tie visa applicants to a single identity and a single passport, he said.

    For foreigners living in the United States, the ramifications could be even greater, especially if biometric identity checks were linked to employment. Hamilton predicted that this would be a more difficult change because immigration advocates and employers seeking cheap labor would object.

    The State Department plans to announce today that it is reviewing six of the 29 countries whose citizens are allowed to visit the United States for short periods without obtaining visas. The countries under review -- Argentina, Belgium, Italy, Portugal, Slovenia and Uruguay -- could be dropped from the list of "visa waiver" countries.

    The countries have problems ranging from economic crises to passport fraud and theft. One official said the review had been scheduled before the Sept. 11 attacks but is now on an accelerated schedule and could result in recommendations by year's end.


    • #3
      Well, there is no need to be hostle.

      What I am reading in your long lost is that people entering the US now are subject to US VISIT and those already here have no such records and the INS is far to busy to deal with it.

      Is that correct?


      • #4
        I know we should just let folks walk all over us USC and our country, the answer is you can S>C>R>E>W us right now, there is steps being taken , but RIGHT now , your pretty safe unless you draw attention to yourself. They know you are illegal and there is ways they are going to use the data bases (you will be entered into one of these as an illegal) to find you which they can't right now, it is coming , so yes ,you are pretty safe for NOW!!!!
        You are open for this if caught
        What are the three and ten year bars, and why should they be of concern?
        In order to obtain a green card or other visa if you are already in the US you can either (1) adjust status in the US and obtain the green card form a local INS office or (2) return to your home country and pick up your Green card form the US Embassy or consulate there.
        A problem can often arise however if the person is 'out of status'. 'Out of status' people need to return to their home countries and there complete the process for an immigrant or non immigrant visa at the U.S. consulate. However, if people have been out of status in the U.S. for more than 180 days, they are barred from reentering the U.S. for at least 3 years, and perhaps as long as 10 years for being out of status for over a year.


        • #5
          I want to point out that I am a USC and I don't even know anyone on a Visa. These were questions I was asking in for a school project for the end of this session. Your answers seem to be tarketed at ME as if I have done something to offend you.

          Personally, I remember traveling to CA a few years ago and no one in a fast food place could speak English. Of course, these people (perhaps illegals) were there before no USC would take the jobs!

          I would like to think the INS (or whatever it's name is now) would be focused on TERRORISTS and not poor people trying to get by and perhaps send some cash back to their country so their families don't starve!


          • #6
            From your few posts it might be constitute as sympathizing with the illegals, and acelaw is one of the most anti-illegals in the board, hence the reason of his posts.

            As for your assesment, with the proposals such as the Clear Act and the data-sharing between USCIS and other law-enforcement officials, illegals will face a tougher time. Especially true for those that USCIS/BCIS/INS already had prior record, such as those overstayers of student visa. Now a simple traffic stop can mean deportation for them.


            • #7
              Sprteal, don't worry about Acelaw, he just has nothing to do but to sit here and pasting all kind of information, he need anger management, by the way Acelaw, you're not BCIS, you wanna be Anti-Immigrant, be it but don't attack everybody on this board, remember everyone has rights . so you want to make a differnce, try to get a job with ICE and start getting rid of people instead of hiding behind your PC and spitting **** that you don't have the ***** to say in public or face to face


              • #8
                Thanks. I am new here and Acelaw did seem to be angry at ME for asking the question, which stunned me a bit.

                As I search for stories online about "removal" or "deportation" every story I find seems to have the same theme. Someone was stopped trying to re-enter at an airport after leaving, someone was arrested for drugs or theft, etc. I have not found any cases of the government looking for people, hunting them down and removing them without a major cause. That is what caused my question.

                I do think after much research that if someone has been in this country LEGALLY for "x" years, is not a criminal, has made friends and built a life as part of their work or being a student and wishes to stay and continue to contribute to society here, there should be an EASY way for them to do so even if they don't happen to have immediate family here. Isn't that how we built this country in the first place?


                • #9
                  Do not pay any attention to Acelaw. He doesn't have anything better to do than attack people coming here for help.

                  The answer to your question is "no". Although the INS can legally deport anyone who is here illegally (entered illegaly or overstayed a visa), they usually do not. If the person files for asylum or another visa and gets denied, however, that person will most likely be put into deportation proceedings. There are at least 8 million people illegaly in the United States. It would be literally impossible for INS to deport most of these people. They simply do not have enough employees or funds. It would cost billions of dollars.
                  Have a nice day


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