Visa overstays get short shrift in border security debate

[Umka36 781]

http://www.seattletimes.com/business/visa-overstays-get-short-shrift-in-border-security-debate/

[TBoneTX 42,988]

The focus always tends to be on EWIs (Entered Without Inspection).

Agent here told me that this is one way to catch Overstays:

http://www.visajourney.com/forums/topic/562879-cbp-at-tsa-airport-checkpoints-why-theyre-there-how-best-to-handle/

[JayJayH 546]

I don't understand why we don't have a visa exit system similar to Schengen. It should be elementary.

Few people discuss how it would actually benefit millions of prospective visitors each year. The main obstacle to acquiring a tourist visa today is overcoming INA 214(b). If we implemented an exit tracking system and just said "gloves off and no AOS" when people do willingly overstay, I'd presume the burden of proof to overcome 214(b) would be far lower for the tens of millions of legitimate tourists worldwide.

But what do I know?

Edited October 13, 2016 by JayJayH

[MacUK 983]

I don't understand why we don't have a visa exit system similar to Schengen. It should be elementary.

Few people discuss how it would actually benefit millions of prospective visitors each year. The main obstacle to acquiring a tourist visa today is overcoming INA 214(b). If we implemented an exit tracking system and just said "gloves off and no AOS" when people do willingly overstay, I'd presume the burden of proof to overcome 214(b) would be far lower for the tens of millions of legitimate tourists worldwide.

But what do I know?

Yes, the AOS system is completely broken.

Overstayers who actually leave are treated harshly but you can overstay for decades without leaving, working illegally the whole time and if you can find a USC then you get completely forgiven.

It's a personal thing for me, my overstay was out of my control for reasons I can't go into but I accept blame for staying as long as I did.

I accept the penalty for doing so.

But even now, years after my ban has ended I am still being punished as I am still unable to visit the US.

I left the US voluntarily because I hated being out of status and because I knew I didn't belong there.

But if I'd carried on living there, ignoring the laws, if I'd taken a job and lived under the radar I would have been forgiven for breaking the rules without penalty.

Instead I'm punished for doing the right thing by leaving.

If AOS and forgiveness for immediate relatives was abolished then an incentive to overstay would disappear and I think more people would have the chance to travel to the US if the pathways to abuse of the system were closed.

[JayJayH 546]

Yes, the AOS system is completely broken.

Overstayers who actually leave are treated harshly but you can overstay for decades without leaving, working illegally the whole time and if you can find a USC then you get completely forgiven.

It's a personal thing for me, my overstay was out of my control for reasons I can't go into but I accept blame for staying as long as I did.

I accept the penalty for doing so.

But even now, years after my ban has ended I am still being punished as I am still unable to visit the US.

I left the US voluntarily because I hated being out of status and because I knew I didn't belong there.

But if I'd carried on living there, ignoring the laws, if I'd taken a job and lived under the radar I would have been forgiven for breaking the rules without penalty.

Instead I'm punished for doing the right thing by leaving.

If AOS and forgiveness for immediate relatives was abolished then an incentive to overstay would disappear and I think more people would have the chance to travel to the US if the pathways to abuse of the system were closed.

I'm sorry for your situation - And I do agree.

I can understand that a student who has been in the U.S. for four years, or someone on an H-1b for the past five years might meet someone or AOS through their family eventually. But if you're a genuine tourist, I have a difficult time seeing much sense in an AOS system that essentially forgives you for willingly and knowingly abusing it. Waivers for certain unforeseen circumstances - Absolutely. Waivers for "I'm going to move to America on a tourist visa and live there illegally until I can get circumvent the laws" - Really?

I would be a whole lot easier for relatives to visit the U.S. if the AOS loophole was tightened.