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Can you be stopped at the border if you have a Visa?

Immigration Attorney Patrick A. Metcalf

by Immigration Attorney Patrick A. Metcalf

 

 

Yes, as I said before, a visa is simply a request for an entry into the United States. I have many clients complain to me that an immigration official did not let them in even though they had a visa. There are many inadmissibility issues a foreign national need to consider.

Proper Visas:

For example, if you are entering the US with a tourist visa, your intention must be just that: enter the US, visit your family and friends, spend money, AND go back to your home country after your short-term visit. You cannot be coming here to work, get married to your girlfriend or boyfriend, etc. with a tourist (B-2) visa. I cannot emphasize enough that a visa is simply a permission to request for an entry into the US. It’s not a guarantee.

Many people try to enter the US with a letter from their children saying good luck with your new job. Some with text full of messages from their loved ones on how they will get married once they arrive in the US. I even had a client tried to enter from Canada pulling a trailer full of home furniture, claiming he was just visiting. Needless to say, he was denied entry as a visitor. Remember, there’s nothing wrong with any of the above activities, if done with right intentions with proper visas. It is possible to work in the US or to get married to your loved ones in the US. But you need to be upfront with your intent when you enter the US.

Inadmissibility:

There are other cases where you may be barred from entering the US such as criminal convictions, prior immigration violations, etc. You may be subject to 5, 10, or even permanently barred from entering the US resulting from your past immigration activities.

So you must be ready to withdraw your application to enter if you appear to be subject to expedited removal because you may not be able to reenter the US for 5 years. Again, it’s up to the U.S. immigration officials at the point of entry to whether to let you in to the country or not.

Please note:

This blog is not a legal advice. You should consult an experienced immigration attorney before starting you immigration process. It’s best to have an attorney review your case before you start because sometimes it’s best NOT to file anything. You can hurt your case if you file for an immigration benefit even though you don’t qualify for that benefit.

Please contact our immigration attorney at 847-882-1992 or visit us at our website www.AskImmigration.Com if you have any questions.

What is a Visa?

Immigration Attorney Patrick A. Metcalf

by Immigration Attorney Patrick A. Metcalf

 

 

A visa is simply a permission for a foreign national to come to the border and apply for entry into the United States.

What is a visa?

There Are Two Types of Visas

Immigrant Visa – an immigrant visa allows someone to enter the U.S. permanently.

Non-immigrant Visa – while a non-immigrant visa allows one to enter for a short-term, temporary stay.

Your visa is typically paced in your passport, given by a U.S. consulate overseas. Important to understand that simply having a visa doesn’t guarantee you’ll be able to enter the U.S. It’s up to the U.S. immigration officials at the point of entry to let you in to the country.

**Please note:
This blog is not a legal advice. You should consult an experienced immigration attorney before starting you immigration process. It’s best to have an attorney review your case before you start because sometimes it’s best NOT to file anything. You can hurt your case if you file for an immigration benefit even though you don’t qualify for that benefit.

Please contact our office at 847-882-1992 or visit us at our website www.AskImmigration.Com if you have any questions.

The H1-B Visa and the Implications of Trump’s Changes

On February 1st, 2017, Donald Trump introduced legislation regarding H1-B visas to the House of Representatives. In short, the purpose of the legislation is to place restrictions upon this particular type of visa as well as the factors that are behind their issuance. One of the major changes made to the visa is the minimum wage that its holders are required to make. Under the new changes, a holder would need to make at least $130,000 per year in order to qualify for the visa. This is more than double the current minimum wage, which is $60,000.

You might be wondering why there is so much fuss about this particular bit of legislation, especially if you are not directly affected by its changes. I would caution you to take a closer look at the implications that these restrictions and their ramifications would have upon the general public of the United States before writing off these bit of news entirely.

Who Holds H1-B Visas?

H1-B visas are visas given to foreign workers so that they can work in the United States. Note that these are specifically “highly skilled” foreign nationals that must provide a great boon to the country that wishes to hire them. They are, by definition, workers that are exceptional in their respective fields – that is why they are hired. The majority of these visa holders tend to be employed in the technology industry, including companies like Infosys. These are workers that tend to keep the infrastructure of important businesses, such as those in the Fortune 500, running, as well as those that provide support for companies specializing in information technology consulting.

On a more personal level, this means that if the majority of these individuals are suddenly removed from the American workforce, users could start to see subpar service as well as more frequent errors or outages as workers struggle to adapt to their abruptly increased workload.

A Hit to the Economy

The United States may hire as many as 85,000 foreign workers a year using H1-B visas. Many of these individuals bring their families along to live with them while they are working in the States. 85,000 families make a not-insignificant impact upon the profits of various industries in the economy. Just think about the things that your family uses every day, and you will start to see what I mean. Without those families, a whole host of individuals will suddenly be missing a big part of their income. Real estate agents and landlords, for example, might find themselves missing a lot of business. The same goes for other fields like the household goods industry.

The proposed changes to the H1-B visas might seem innocuous at first. They might even seem inconsequential to the average American. In practice, however, these changes could have severe implications that, like so many other things, trickle down to impact general society. The most pressing of these is probably the dependence of large, important companies upon the work that skilled foreign nationals provide. Without that work, and without the time to properly replace the employees in question, millions of customers could find themselves receiving service below that to which they are accustomed.

Stayed tuned for more information about this situation as it develops!