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There is an immigration matter that I would like to bring to your attention. There are two reasons for this. First and foremost it personally affects two people who I dearly love. Second of all, it is a plight, which I have found through research and conversations with other individuals, that is fairly common. First of all let me tell you something of myself and then the details of the issue itself and then I will give you the details of my personal situation.
I am a natural born citizen, 51 years of age. I served my country honorably in the United States Navy for over 21 years, receiving many awards and citations. After retirement I was employed by the Department of Defense in numerous categories over the last 10 years. I have never committed a crime nor been charged with anything more serious than a minor traffic violation. Up until recently I have always been proud of my country and in spite of the sacrifices I have made in my military career, was proud and honored to be called a citizen of this nation. The issue that I am about to outline and circumstances that I will detail, have shamed and embarrassed me. I have always supported the law and been a strong supporter of how my country upheld the rights of all people, no matter their nationality, religion or ethnic background. However I have come to learn that this country has laws and regulations that do not extend basic human rights to certain individuals. Let me explain:
By United States law anyone attempting to enter territories of the United States who are found to have overstayed a previous Visa are banned from entry into the United States for a period to be determined by the length of overstay. Essentially if you over stay less than one year, you are subject to a three, year ban from entering the United States. If the overstay is more than one year the individual is subject to a 10 year ban. This ban is waiver able in only a few circumstances. One being marriage to a US citizen, however the waiver if approved may take up to 2 years and then the Marriage Visa approval process may take up to another year. This ban is imposed on all forms of Visas including those individuals traveling under the Visa waiver program.
This penalty is imposed automatically without hearing and without any recourse open to the individual involved. The waiver itself requires approval by the United States Attorney General. I have thoroughly researched differing immigration laws and penalties and in contrast to other laws and regulations this ban is extraordinarily harsh. For example: An individual who enters the United States illegally or remains in this country beyond their visa limit has the right of a formal hearing to decide his case. Unless there is criminal activity on the part of the individual, he or she has the right to request a hearing at an assigned future date. That individual is then released on his on recognizance until such time as the hearing. An individual that travels to this country legally and is found in violation of a past infraction does not have the right of hearing. Point of fact the individual may be guilty of nothing more than a clerical error and has no right of appeal or hearing to prove him innocent. Essentially the government assumes the individual is guilty until proven innocent, and proving that could take up to three years. Where else in this country does that happen?
This country extends basic human rights and right of hearing to all individuals within its borders, no matter their legal and or criminal status. The exception to this rule are those individuals who are trying to enter the country legally but who have had for one reason or another overstayed a previous visa. The very idea that we as a supposedly free and just country do not extend basic human rights to individuals who are currently abiding by the law but who may through circumstances beyond their control commit a misdemeanor. This is also in contrast to those individuals who have committed felonies in this country and or those who are deported. Those individuals are normally barred from entering this country for 20 years, although the written law appears to give leeway to the courts to assign the same penalty for this as for a simple overstay in where the individual left of his or her own accord with no criminal record what so ever. He or she is immediately sent back to their country and automatically banned from entering US territory. Additionally a Visa overstay is listed as a misdemeanor only. I am not aware of any
I am a natural born citizen, 51 years of age. I served my country honorably in the United States Navy for over 21 years, receiving many awards and citations. After retirement I was employed by the Department of Defense in numerous categories over the last 10 years. I have never committed a crime nor been charged with anything more serious than a minor traffic violation. Up until recently I have always been proud of my country and in spite of the sacrifices I have made in my military career, was proud and honored to be called a citizen of this nation. The issue that I am about to outline and circumstances that I will detail, have shamed and embarrassed me. I have always supported the law and been a strong supporter of how my country upheld the rights of all people, no matter their nationality, religion or ethnic background. However I have come to learn that this country has laws and regulations that do not extend basic human rights to certain individuals. Let me explain:
By United States law anyone attempting to enter territories of the United States who are found to have overstayed a previous Visa are banned from entry into the United States for a period to be determined by the length of overstay. Essentially if you over stay less than one year, you are subject to a three, year ban from entering the United States. If the overstay is more than one year the individual is subject to a 10 year ban. This ban is waiver able in only a few circumstances. One being marriage to a US citizen, however the waiver if approved may take up to 2 years and then the Marriage Visa approval process may take up to another year. This ban is imposed on all forms of Visas including those individuals traveling under the Visa waiver program.
This penalty is imposed automatically without hearing and without any recourse open to the individual involved. The waiver itself requires approval by the United States Attorney General. I have thoroughly researched differing immigration laws and penalties and in contrast to other laws and regulations this ban is extraordinarily harsh. For example: An individual who enters the United States illegally or remains in this country beyond their visa limit has the right of a formal hearing to decide his case. Unless there is criminal activity on the part of the individual, he or she has the right to request a hearing at an assigned future date. That individual is then released on his on recognizance until such time as the hearing. An individual that travels to this country legally and is found in violation of a past infraction does not have the right of hearing. Point of fact the individual may be guilty of nothing more than a clerical error and has no right of appeal or hearing to prove him innocent. Essentially the government assumes the individual is guilty until proven innocent, and proving that could take up to three years. Where else in this country does that happen?
This country extends basic human rights and right of hearing to all individuals within its borders, no matter their legal and or criminal status. The exception to this rule are those individuals who are trying to enter the country legally but who have had for one reason or another overstayed a previous visa. The very idea that we as a supposedly free and just country do not extend basic human rights to individuals who are currently abiding by the law but who may through circumstances beyond their control commit a misdemeanor. This is also in contrast to those individuals who have committed felonies in this country and or those who are deported. Those individuals are normally barred from entering this country for 20 years, although the written law appears to give leeway to the courts to assign the same penalty for this as for a simple overstay in where the individual left of his or her own accord with no criminal record what so ever. He or she is immediately sent back to their country and automatically banned from entering US territory. Additionally a Visa overstay is listed as a misdemeanor only. I am not aware of any
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