Tag Archives: us visa

Deportation of a Foreigner or Immigrant from the US

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(also see recent H1B Deportation news)

When a foreign national chooses to visit or stay in the United States on visa status or as a permanent resident, he or she must abide by certain laws and regulations in order to remain in the country legally. If an individual who is not a U.S. citizen fails to abide by these terms, he or she may be ordered to leave the country.

The process of requiring an individual to physically leave the country is known as deportation. If you are visiting the U.S. temporarily or living in the country as a permanent resident, it is important to know the laws that regulate deportation.

Visa Requirements

A person who is visiting the U.S. on visa status must adhere to certain rules and restrictions to avoid nullifying the visa. Some of the key requirements to consider include:

  • There are specific visas for different groups of applicants, and a person must keep the same status during their stay in the U.S. in order for the visa to remain valid. For example, a foreign national visiting on a student visa must remain in school to remain in the country legally under his or her visa.
  • If the expiration date is approaching for a visa, the applicant must re-apply to remain in the United States.
  • An individual may not legally remain in the U.S. if his or her visa has expired.
  • A foreign national may be required to return to his or her home country in order to re-new a visa and legally re-enter the U.S.

A violation of any of these terms can be grounds for deportation by the U.S. government.

Criminal Grounds for Deportation

Any non-citizen staying the country may be deported if he or she commits a qualifying crime. This applies to visa holders and permanent residents alike. The criminal offenses that may lead to deportation include the following:

  • Crimes against a person (murder, manslaughter, rape, kidnapping)
  • Domestic violence crimes
  • Sexual offenses
  • Crimes against the government (counterfeiting, mail fraud, bribery, tax evasion, perjury)
  • Fraud crimes
  • Drug crimes
  • Firearms offenses

If you have committed any of the above crimes, your legal permit to remain in the U.S. may be nullified and you may be forced to leave the country. The laws and regulations for visas and permanent residency can sometimes be confusing, and it can be easy for a person to accidentally disqualify himself or herself and risk deportation. If you have questions regarding the rules of your visa, permanent residency, or renewing or changing your legal status in the U.S., consider consulting with an experienced immigration lawyer as soon as possible.


Guest Post Author
Garg & Associates, P.A.
Orange County immigration

I Visa For Foreign Media, Journalists & Film Crews

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Are you a journalist? Are you a member of the press, radio, film or print industries? Are there current news events in the United States that you need to work on for your profession? If you answered “yes,” then you may be able to obtain the media (I) visa. It is a non-immigrant visa for representatives of the foreign media temporarily traveling to the United States (U.S.), to engage in their profession while having their home office in a foreign country.

Do you qualify for a Media (I) Visa? Applicants have to demonstrate that they are properly qualified for a media visa, as a “representative of the foreign media.” Media visas are usually issued to members of the press, radio, film or print industries, whose activities are important to the foreign media function, such as reporters, film crews, editors and persons in similar occupations engaged in qualifying activity. The activity must be basically for information, and generally connected with gathering news and reporting on actual current events. Consular officers determine whether or not an activity qualifies for the media visa. An example of a qualifying activity is reporting on sports events. The following is a non-exhaustive list of media related kinds of activities:

  • Filming of a news event or documentary by employees of foreign information media.
  • Production or distribution of film (funded by non-U.S. sources) used to disseminate information or news.
  • Working on a product to be used abroad by an information or cultural medium for distribution of news not primarily for commercial entertainment or advertising by journalists contracted by a professional journalistic organization.
  • Work by independent production company employees holding credentials issued by a professional journalistic association.
  • Reporting on U.S. events for a foreign audience by foreign journalists working for an overseas branch office or subsidiary of a U.S. network, newspaper or other media.
  • Distribution of factual tourist information about a foreign country by accredited representatives of tourist bureaus, controlled, operated, or subsidized in whole or in part by a foreign government.
  • Distribution of technical industrial information by employees in the U.S. offices of organizations.

What if I am a national from a country designated for the Visa Waiver Program? As a representative of the foreign media traveling to the United States, engaging in your profession as part of the media or a journalist, you must first obtain a media visa to come to the U.S. You cannot travel without a visa on the Visa Waiver Program, and by attempting to, you may be denied admission to the U.S. by the Department of Homeland Security at the port of entry.

What do I need to show to get an I-visa?

  • A valid passport for travel to the United States not expiring within 6 months beyond the amount of time you intend to stay in the U.S.
  • Proof of employment – If you are a:

Staff Journalist:

  • Bring a letter from your employer with your name, the position you hold within the company, why you’re going to the U.S. and how long you intend to stay in the U.S.

Freelance Journalist under contract to a media organization:

  • Bring a copy of your contract with the organization, which shows your name, the position you hold within the company, why you’re going to the U.S., how long you intend to stay in the U.S and how long your contract is for.

Media Film Crew member:

  • Bring a letter from your employer with your name, the position you hold within the company, the title and short description of the program you’re filming and how long you need to film in the U.S.

Part of an independent production company under contract to media organization:

  • Bring a letter from the organization assigning the work which shows the name, title and brief description of the program you’re filming, how long you need to film in the U.S. and how long your contract is for.

Can Spouses and Children of an I-visa holder accompany him/her to the U.S.? Yes, Spouses and/or children under the age of 21 may apply for a media visa to accompany the principal media visa holder in the U.S. for the duration of his/her stay. However, the spouse and children may not work in the U.S. without a temporary work visa. They may also study in the U.S. without also being required to apply for a student F-1 visa. If the spouse and/or children do not intend to reside in the United States with the principal visa holder, but just intend to visit for a vacation, they may be eligible to apply for visitor (B-2) visas.

Restrictions:

  • You cannot use a media visa to film material for commercial entertainment or advertising purposes. A temporary worker visa is required.
  • If you are a proofreader, librarian or a set designer, you are not eligible for a media visa. However, you may qualify under a different classification. (Ask us about the H1B, O or P visa).
  • Staged shows, reality shows, and quiz shows generally do not involve journalism-members of production companies filming these types of shows are not eligible for a media visa.
  • Media representatives participating in media content in which actors are used are not eligible for the media visa.

 

Guest Post Author

Naresh M. Gehi
Immigration Attorney