Illegal Overstay

utopiacowboy says on Sep 12, 2005, 11:59:

He will probably get a 10 year ban. His chances of getting a tourist visa after this are going to be very small.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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BAQ says on Sep 12, 2005, 12:44:

Go back to Colombia I know this sounds harsh, but I think your friend needs to return to Colombin and STAY.

Reason I say this is that you will find posts all over this board about HOW HARD it is for HONEST PEOPLE to get a visa to America. It has even become difficult for Colombians married to Americans to get a visa. The cold hard truth is the REASON it has become so hard for HONEST PEOPLE to get a visa is because people like your friend ABUSED THE PRIVELAGE of their visa, overstated and bluntly, VIOLATED OUR IMMIGRATION LAWS.

So I hope you can understand when I say you won;t get any help or sympathy from me.

Your friend is a criminal and if you don;t think he is, then he shouldn;t have any problem dropping by the local INS office to explain himself.

Semper Fidelis !

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Diez Y Siete says on Sep 12, 2005, 13:57:

People like that drive me crazy I dont care if he never gets to come back, BAQ is right, because of people like him, real,honest,good people cant get visas. He needs to just go back, he will never get a tourist visa again, because he overstayed this time.

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aztec says on Sep 12, 2005, 14:04:

My wife... ...and I have filed for her brothers(both have doctorates). They have been in line for 10 years waiting for a visa.

They have been in and out of the States many times. They always return to Colombia. If we operated like this person or those who simply walk across the Rio Grande we would have them overstay their visa and never return to Colombia.

This situation has become insane!

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BAQ says on Sep 12, 2005, 14:34:

Yea it is Yea, it is insane, reason is as I posted above. I am retired from within the "Federal system" and I as an "American", with a security clearance had to wait SIX MONTHS just to get my COLOMBIAN WIFE a tourist visa.

Unfortunatly, with all the applications for spouses, fiance's, work visa's ect, the "Family visa" for parents, grown children, brothers, sisters, aunts, uncles ect are not a priority.

Semper Fidelis !

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bobbyb says on Sep 12, 2005, 16:41:

taxs too! You know the guy worked the whole time he was here and didn't pay taxes for the stuff he used. And here's me and Cam ready for the poor farm because we have to make up for the taxes he didn't pay.
Odioso!

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flyamerican says on Sep 15, 2005, 07:12:

Your opinion and comments echo every good American, Canadian, Eu BAQ

Your opinion and comments echo every good American, Canadian, European, etc where people go to live illegal, the citizens are fed up.

Those that have done it legally are also offended by the illegal criminal.

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Lincoln says on Sep 15, 2005, 11:27:

Thanks, Utopiacowboy That's about what I thought. I share a lot of the sentiments here, and hopefully some sort of solution will be worked out one day to address this huge problem.

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BAQ says on Sep 15, 2005, 12:24:

Sorry Lincoln, I realize you are in the middle and my comments are by no means directed at you. If you ever try to get a visa to another country you will understand why this topic is met with anger and a non sympathetic attitude.

I live in Colombia on a Visa (I am american) and I realize if I screw up, violate the terms of my visa, Colombia can boot me out at their preasure and I would have no one to blame but myself. Unfortunatly, there is that small percentage of people who abuse the system and everyone else ends up paying the price. Your friend is going to have to live with his decision and it will ultimatly cost him by loosing future opportunities to return to the United States.

Semper Fidelis !

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Lincoln says on Sep 16, 2005, 06:05:

Sure, this topic is always met with anger and a non-sympathetic attitude. It's a hot one. I have had visas in two other countries and applied for a visa here for a relative from England with no success. I've paid taxes in the U.S. for 35 years, and property taxes in Texas for 30 years. I have voiced concerns to my U.S. senator about this issue and will vote accordingly at election time. Escalating Texas property taxes go towards funding the education of children of illegal immigrants. I see illegal immigrants at work every day. The list goes on and on. At least one illegal immigrant is going back and maybe return as a tourist for an occasional wedding or funeral.

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utopiacowboy says on Sep 17, 2005, 06:46:

Ronald Donders, you make it sound as though Europeans are welcoming immigrants from Africa and Asias with open arms. Nothing could be further from the truth so get off your high horse.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Sonny says on Sep 17, 2005, 07:05:

Scream INS in Texas on a construction site and see what happens. You will see 100 mexicans scatter like ants and will not see a mexican for three days. Let a green van drive by and you will see the same.
Our problem in the US is to many illegals. We have never had it under control as I can see and it has caused many problems. Our doors have been open to long to anyone and every one. Lets move the Liberty lady to Russia for a few years. They have more land and can hold more people. The problem there is that no one will take care of them. You know, things like free this and free that. Free food stamps, free rent. I paid $100.00 per week for one child in a day care. A woman I knew paid $5.00. The government paid the rest. She has more money to spend then I do. Section 8's, the list is endless. Get pregnant, cross the border, have a baby, stay free and get everything free to raise the child. Our welfare is out of control and all for the wrong reasons. It would be nice to see the elderely taken care of, poor taken care of, the ill taken care of and in general the USA taken care of rather then US taken care of the world. I often wonder what would happen to the world if the USA stopped handling out money like it was growing on trees. What would happen to the world if we just closed our doors for one year. What would happen to the BIG oil companies if everyone just stopped buying their gas for one week once a month for 6 months. As you can see I am on a roll but things like above get to me when I hear about illegals. Myself along with MANY others went through the process of visa's. We got ours the way we had to. We did not cheat the system. Crossing any border with out a visa is wrong and knowing about it and not reporting it is just as wrong. Think about it.
If I knew where this person was that has been here over 6 years, I would make the call myself.
"
A friend from Colombia has overstayed his visa in the U.S. for 6 years. He now wants to return to Colombia to get married and liver there but would like to keep his options to visit the U.S. one day, but just as a tourist."
It is hard to see that you even wrote this statement. Give me his address and I will handle the problem for you! Come back to the USA???? NEVER

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utopiacowboy says on Sep 17, 2005, 08:18:

The US economy could not function without illegal aliens. You may not like it but it's true. I used to live on a route travelled by illegals on their way from Mexico. No one ever reported them to La Migra and in fact the people in our area used to leave out canned food and water for them. BTW, the area was 98% Anglo. I guess we asked ourselves What Would Willie Do? and that was the answer.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Sonny says on Sep 17, 2005, 08:51:

utopiacowboy It is true and I know it. Texas would crumble with out them but it still get me to think it is a free ride but that is just my feelings.
They do things others would not do and for a lot less.
One nation under GOD , free to all with liberty and justice for everyone that gets in. I have know this for many years.

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Sonny says on Sep 17, 2005, 08:51:

utopiacowboy It is true and I know it. Texas would crumble with out them but it still get me to think it is a free ride but that is just my feelings.
They do things others would not do and for a lot less.
One nation under GOD , free to all with liberty and justice for everyone that gets in. I have know this for many years. Still wacks my winnie though. :-)

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aztec says on Sep 17, 2005, 13:49:

In your eyes, ronalddonders... ...what is it?

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Mr. Hollywood says on Sep 17, 2005, 14:07:

Blah blah blah I'm going to stay out of the bluster about illegals and just point out that your friend is likely to get banned from the US if they KNOW he overstayed.

However, how do they know he did if he just leaves? I've never had someone check my passport LEAVING the USA. Or else he could travel overland to Canada (with no real document check in place) and then get thrown out of Canada, rather than the US.

Either way, your friend did fuck up but he's hardly the first and most of them have good personal reasons.

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aztec says on Sep 17, 2005, 14:40:

ronalddonders... ...my wife(Colombian) has followed every U.S.immigration law. She entered the States legally, applied for a change in status legally(after marriage) and also followed the law to the letter when applying for her citizenship. In 1995 she legally applied for a visa for her brothers, both who have a doctorate. They are on the LEGAL list waiting for the visa now going on 10 years.

You imply we(she) should be content and simply standby while millions illegally steal their way into the USA. And as you say, Latinos in the States do indeed help each other. They just want to do it in accordance with United States Law!!!

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aztec says on Sep 17, 2005, 14:58:

Thank you for your support.. ...we certainly do need to allow more legal immigrants from the western hemisphere.

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Sonny says on Sep 17, 2005, 18:13:

ronalddonders Just a question for you. If overstaying your Visa time is against the law then what do you think Criminal means?
I understand what your saying but breaking the law in any form is Criminal. The form of punishment is something else, however.

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utopiacowboy says on Sep 17, 2005, 18:14:

You know I've wondered the exact same thing, Hollywood. If they don't know when you left, how can the USCIS prove you overstayed? There is absolutely nothing stopping anyone from walking or driving from the US into Mexico. I know because I've done it several times. In fact within the frontier zone, the Mexicans don't even check whether you have papers or not. I wonder if you could just go to the nearest Mexican border airport and hop a flight to Mexico City and then on to Cololmbia?

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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Sonny says on Sep 17, 2005, 18:23:

ronalddonders I have no latino brothers. I do, however have friends from Mexico and Colombia. They got here with good and legal papers. There are worse things in the world but I fought for the right to say what I feel did you? The USA is built on Immigration that is a fact. As time went by the laws changed to make them legal. It is a GREAT country and my family helped make it that way. Did yours? There is nothing discusting about telling the truth. If that offends you tuff. I pay my taxes and the right to talk anyway I wish is what I fought for as did my brother and father.
There is your negative energy Pal. Deal with it.

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Sonny says on Sep 17, 2005, 18:26:

Mr. Hollywood Just a thought. The last three times I left this country my passport bar code was scanned. That in itself would tell the US when and who left the country. By boat is something else maybe. I have never done that.

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Sonny says on Sep 17, 2005, 18:28:

utopiacowboy UC, I came back from Mexico five weeks ago and they asked for me and my daughters passport to leave and re enter the USA. Maybe this was an exception but it was asked for. Just a thought.

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Sonny says on Sep 17, 2005, 18:30:

aztec Good and positive post.

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Crazy4Cali says on Sep 18, 2005, 07:49:

leaving the country I can't recall ever having my passport stamped when leaving the U.S. by ship, plane, and certainly not by car. It's never been like leaving Colombia, for example, where they stamp you coming and going.

Entering a country, my passport has usually been checked, but Canada and Mexico are exceptions. Driving to Canada, all they say is "Have a nice day, eh!" and I've been hard pressed to find anyone at the Mexican border crossings the times I've driven across.

Bottom line, the U.S. doesn't seem to keep track of when you leave, just when you enter.

Now if the person who overstayed his visa had worked and had money withheld under his SSN after his visa or had some other governmental transactions afterwards, he could be tagged. But I'm not a lawyer, nor am I encouraging any wrongdoing.

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utopiacowboy says on Sep 18, 2005, 11:12:

Of course when you enter the USA, they are going to ask you for your papers but entering Mexico, you can just wander in without anyone saying anything to you. Hell, one time I had to get a car importation permit so I could drive to Monterrey and I had a hell of a time finding the Mexican immigration and customs office in Nuevo Laredo. In addition there are many places where you can just drive or walk across the border. Of course none of this applies if you are flying to Mexico. I'm talking about getting into the frontier zone. The actual checkpoints where they check everyone are usually located about 15-20 miles from the border on the roads leading into the interior. Sonny, tell me more about your trip to Mexico? How and where did you travel?

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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BAQ says on Sep 18, 2005, 14:09:

NOT A FEDERAL CRIME ??????????/ Excuse me?

It IS a FEDERAL CRIME

Semper Fidelis !

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Sonny says on Sep 18, 2005, 14:25:

UC We flew to El Paso, I have a half brother attorney there. Drove to Ciudad Juraz , (South Texas) Passport checked coming and going. Check point 6 miles out of town. Went to Chihuaua and met some friends. Spent the night. (One check point and everything was looked at).My friends daughter was in from Monterrey. Wowwwww
Drove back to the Airport in El Paso, flew to San Antonio, got a car, drove to Brackettville. Old friend that died a few years ago built Alamo Village, "Happy" Sheyhan. Spent the evening with his wife and family. Saw the show. (Again).Saw the war room and photos of everything that has ever happened there. All deals for movies were done in this room. Drove back to San Antonio. Spent the next two days at the Marriott river walk. DEA gets a great discount there. $78.00 per night with river view. :-)
Went to Eagle Pass and onto Piedras Negras. Passport not checked going but was coming. Back to the hotel. Went to dinner on the river, drank, listened to the music, drank, watched people, Drank, It is just to beautiful to describe in words. Sorry for those that have never seen the river walk at night. Romantic, beatuiful and eye filling.
That was about it UC. Went to the Airport, flew back to the concrete city of Dallas and back to work.

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Sonny says on Sep 18, 2005, 14:40:

ronalddonders Aztec, in my opinion they should let more people in from South America and less from other parts of the world.

Your story shows that it is very difficult to get a US Visa and this explains that there are so many people who stays in the US illegal.

What kind of person are you anyway?????????? This statement is discusting!!!!!!!!!!!!!Your OK with breaking the law??

Just what do you have against the East and the West?????????
Just a thought. This means less people from London right? Damn!!!
Your from London!!!!

I am just playing with you.
Laws are made to be enforced. My back ground is DEA. I enforce the laws. Some are much more serious true, but if we do nothing to the little ones then they become big ones. Look at what you city did. They let anyone and everyone in. The same thing happened here. Visa violations were the problems. These little things turned very serious for both countries right??? I have no problem with the Homeland Security checking anything I have on me at any time. What ever they do to make the USA safer is fine with me. If it means getting visa's are much harder so be it. DO I like it? No! But it is for the good of all until something else better comes along. The person that has stayed here 6 month beyond his or her visa date is breaking the law. Know one know about this person other then the writer right? Did this person pay taxes? file Tax returns, get an SS number? Or use someone elses papers to stay and work? It is more then just over staying his or her visa. It is all the laws this person is breaking staying here and now wants to go home and then come back. Your really think this is just a little thing? It is people like this that make the rest of us have a harder time getting our visa's. Have a good day

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utopiacowboy says on Sep 18, 2005, 14:47:

That sounds about right. The checkpoint outside of Juarez is much closer to the city than the one outside of Nuevo Laredo. From the perspective of a Colombiano, if you had gone to Juarez and went to the checkpoint without any visa, what would they do with you? Or if you went to the airport in Juarez? They couldn't send you to the US, I assume if you had the money they'd just let you buy a plane ticket from Mexico to Colombia. In any event there would be no record of you ever having left the United States.

Yeah, the Riverwalk is San Antonio's jewel. There are touristy parts with clubs and restaurants but other parts are peaceful and quiet.

Disclaimer: any comment I make is inane and is not to be taken seriously, and is so patently ridiculous that no one should take it seriously, even as an insult.

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BAQ says on Sep 18, 2005, 15:00:

Federal Statute It would take up way to much space to post the entire USC code, but here is a part that ties into this issue. Note the TERMS "Sentencing" and "Offense".

What most people don;t realize is that a majority of cases are handled "Administratively", however it is STILL A CRIMINAL OFFENSE.

ILLEGAL IMMIGRATION REFORM AND IMMIGRANT RESPONSIBILITY ACT OF 1996

SEC. 334. ENHANCED PENALTIES FOR FAILURE TO DEPART, ILLEGAL REENTRY, AND PASSPORT AND VISA FRAUD. (a) Failing to Depart.--The United States Sentencing Commission shall promptly promulgate, pursuant to section 994 of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under the Immigration and Nationality Act (8 U.S.C. 1252(e) and 1326(b)) to reflect the amendments made by section 130001 of the Violent Crime Control and Law Enforcement Act of 1994. (b) Passport and Visa Offenses.--The United States Sentencing Commission shall promptly promulgate, pursuant to section 994 of title 28, United States Code, amendments to the sentencing guidelines to make appropriate increases in the base offense level for offenses under chapter 75 of title 18, United States Code to reflect the amendments made by section 130009 of the Violent Crime Control and Law Enforcement Act of 1994.

Semper Fidelis !

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BAQ says on Sep 18, 2005, 15:05:

I agree with Aztec & Sonny Having lived in Texas before moving to Colombia, I agree more people from LATIN AMERICA shold be allowed to enter and LESS from the middle east and other problem areas.

I always found that 95% of the "Latins" living in Texas were hard working people who's primary goal was to to give their family a better life.

Semper Fidelis !

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BAQ says on Sep 19, 2005, 10:33:

Past the 1 yr Threshold Illegal overstays from 1 day to 3 months, 3 months to 6 months and 6 months to a year are USUALLY handled adminstratively, amounting to a fine and deportation. Once you pass the ONE YEAR threshold, you are into another level and your case is viewed in a different manor.

The OP was talking about a guy who has been in the U.S. for SIX YEARS. If someone overstays for a few days, a week or a month, the penalties are usually administrative. Other than a contempt of court charge, we don;t arrest, detain or Incarcerate people in America for violations of "Civil law". So, for us to be able to detain, arrest and incarcerate someone, they must have violated a CRIMINAL LAW.

Any way you slice the pie, it is a criminal offense. The MANOR in which that offense is handled depends on each individual case. Time of overstay, other crimes committed ect.

Semper Fidelis !

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