Tag Archives: deportation

US Deports 400,000 Foreigners In 2011

We don’t often write about the major political issues around US Immigration as the primary purpose of this site is to help foreigners to live, work and study in the United States. However we have been outspoken on occasion with some issues and legislation surrounding things like the H1B visa legislation, Employer hiring practices of Foreign Immigrants, Green Card Waiting Lists and the Start-Up Visa as well as report on things like the Dream Act and the plight of Illegal Immigrants.

Today we thought we give an update as released by the US Government as the nature of Deportations of foreigners from the US in the fiscal Immigration year FY-2011. We don’t really have an opinion on this as we don’t know anything about any of the individual cases or much about deportation generally as a US Immigration issue. Certainly for convicted violent felons who happen to be foreigners it is hard to feel much sympathy when you think the many thousands of foreigners who are want to come to the US legally or those that are already here on waiting lists for more permanent status like a Green Card or US Citizenship.

However deportation is something that any Immigrant who is not a US citizen certainly faces as a reality of the status whether due to fault of their own or things beyond their control. So it is important to be aware of what is going on in the world of US Immigration as far as deportation is concerned. In the past we have written specifically about the cases of deportation of people who were already approved and received an H1B visa from the US consulate for dubious and yet fully unknown reasons at best.

So exactly 396,906 foreigners were deported in FY2011 of which about 55% had either a felony or misdemeanor conviction for some crime committed within the US. Unfortunately this crime rate was up about 89% from 2008 levels and possibly could be attributed to the more bleak economic picture and bad job situation meaning many of these immigrants who are living close to the poverty line were following a trend that is all too common with crime and bad prospects for prosperity. This also includes people who were found to have re-entered the US after being ordered to leave or violating an earlier order to leave the country.

Let’s hope that these negative statistics with both deportation and violent crimes committed by foreigners trends back down in next period and that positive legislative efforts and reforms are made to make the whole US Immigration system fairer for all.

Cj

 

How To Stay Beyond Your Visa Expiry

Many people who visit the United States on a non-immigrant visa wish to extend their stay beyond the period of time for which they have been authorized. However, staying beyond your visa limits without prior approval can have serious consequences and may even prevent you from receiving authorization to reenter the U.S. at a later date.

Persons holding a non-immigrant visa who wish to extend their visit should file an Application to Extend/Change Nonimmigrant Status (Form I-539) with the U.S. Customs and Immigration Services (USCIS) at least 45 days before the date their visa is set to expire.

Eligibility to Extend Nonimmigrant Visa

Only certain people are eligible to apply for an extension to a non-immigrant visa, including those who:

  • Entered the U.S. lawfully with a nonimmigrant visa
  • Hold current valid nonimmigrant visa status
  • Committed no crimes to become ineligible for a visa
  • Have not violated visa admission conditions
  • Hold a valid passport that will not expire during the proposed extension period

If you wish to extend your stay but do not qualify for extension based on the above criteria, you may wish to speak with a U.S. CIS agent to explore your options.

Overstaying Your Visa

If you overstay the date on your Arrival-Departure record, your visa status will expire and you will be classified as out-of-status. As a result, you may be ineligible to reapply for a visa in the future and therefore you may not be allowed to return to the United States. If you wish to stay in the country longer than your visa allows, it is important to plan accordingly and follow all immigration laws to prevent penalties or deportation.

 

Guest Post Author

James Witherspoon
Austin immigration attorneys