Transcript of the above video: 

As the title of this video suggests, we are talking about the Trump Administration is now seriously, seriously scrutinizing and adjudicating matters pertaining to folks who are using Tourist Visas from what they view as illegitimately. Let me dig into this. There is a lot of hyperbole around this and frankly the Western Press is not really covering this in a completely genuine manner. Some of it has to do with their own biases - politically and things - others of it has to do with the fact these are discrete points of Immigration Law, and I don't think the folks covering it really get it. 

Let's jump in here, quoting directly from a recent article from The New York Times, newyorktimes.com, the article is titled: Green Card Interviews End In Handcuffs for Spouses of U.S. Citizens. Okay, the first thing you have to understand, there are different ways of becoming a spouse of a US citizen and seeking Immigration benefits. It is my understanding that the folks covered in this article, it's somebody marrying a US citizen, but the person came in either illegally or - actually I shouldn't say 'either illegally' - they go through the point of making it clear that people enter lawfully; they had a lawful visa to enter. Now here's the issue. You can still have a lawful visa, for example a Tourist Visa, and still enter the United States illegally if you have undisclosed immigrant intent, and you can actually be turned away under the Immigration and Nationality Act on the basis that you are an immigrant without the proper documentation. Basically you're coming in with a Tourist Visa, but you are really not a tourist. I've had people even expeditiously removed from the United States, so subject to a five-year ban thereafter. Basically they were put through a truncated deportation process for this exact thing; for being an intending immigrant without proper documentation. They basically think, they say, "you're lying, you're using a Tourist Visa to come here and then seek permanent benefits", and this Administration is cracking down on that. 

So let's quote directly: "In every case, agents with Immigration and Customs Enforcement told the applicants that they had overstayed Tourist or Business Visas." - that's the crux of the article here. That's the point to really understand is these folks that are coming in on like a Business Visa or a Tourist Visa - it's actually called a B1/B2, and they issue it sort of in tandem - and yeah, they lawfully entered, they had a travel document, but they had undisclosed immigrant intent in many cases; they wanted to marry somebody. Not all of them I'm sure, but if you do have undisclosed immigrant intent, and then you pop up in America after 3 weeks of being on a Tourist Visa, decide to get married and seek a Green Card, they are going to draw the inference, and it looks to me like this Administration is going to do more than just draw an inference, they may actually arrest you if they determine that you overstayed your visa or that you entered fraudulently, and I'll get to that further here, quote:  "An arrest warrant, reviewed by the New York times, states that "there is probable cause to believe" that the named spouse is "removable from the United States." Quote: "Apprehensions at US Citizenship and Immigration Services offices may occur if individuals are identified as having outstanding warrants; being subject to court-issued removal orders; or having committed fraud, crimes or other violations of Immigration Law in the United States." This is where the discreet point comes out. It's the fraud element. Are people entering the United States on Tourist Visas with fraudulent intentions, with undisclosed intent to actually get married in the United States and then seek a Green Card? This is what they're trying to stop, and they are now stopping it as far into the process of the Green Card interview, and they are actually arresting people where they feel this is pertinent. Quoting further: "But the couples and their lawyers said they had followed the required steps: They had submitted extensive paperwork and paid fees. The foreign spouses had been fingerprinted and passed medical examinations. None had criminal records. None had entered the country illegally." Okay, maybe, but if they entered with undisclosed immigrant intent and they were using a Non-immigrant Visa knowingly, that's Immigration fraud. Quoting further: "They had already been granted employment authorization. Green Card applicants' temporary visas often lapse while their "adjustment-of-status" proceedings over several months or longer" - (while their adjustment-of-status proceeds" I should say) - quoting further: "An immigration statute passed by Congress in 1986 allows a spouse who entered the country lawfully to be eligible for a Green Card through marriage even if the person's visa has expired." Yeah, but if they entered on Tourist Visa status and it can be determined that their actual intent was something else, then they could be determined to have entered fraudulently and therefore the statute might not apply. Quoting further: quote: "Congress was unambiguous - these people are eligible for Green Cards," - sure they're eligible. It's not a foregone conclusion; they don't get them automatically. And I'm actually not completely aghast at what the Administration is doing here. If anything, I think it's actually somewhat warranted.

Now there are levels to it. They seem to be also kind of hell bent on getting into de-naturalization proceedings, and I find that stuff pretty creepy for a variety different reasons. If there's really true fraud sure, but again if it's like "oh you didn't tick this box on a form that you filled out 18 years ago," or something, again that can get into the nebulous area and stuff that I don't necessarily agree with. But again, if you entered the country with intentions that were other than those disclosed to the Immigration Authorities upon your entrance, there is an inference to be made that you may have entered illegally and therefore again the statute does not apply. Quoting further: "While Federal Law does not prohibit spouses with expired visas from being detained and placed in deportation proceedings, in the past they have rarely been detained while applying for Green Cards." 

Well, rarely, they still have the legal ability to do it and clearly this Administration has the will to do it. Quoting further: “The Trump Administration is carrying out such detentions without having announced any change in policy.” Well they don't have to announce a change in policy in order to change policy. Quoting further: "Mr. Cordero hails from a family of modest means, he said, and he had been working two jobs to get them on a stable footing since they married early this year. The couple had recently upgraded from a studio to a one-bedroom apartment in Oceanside, California, he said. "Little by little we were moving up," said Mr. Cordero, who works for a beverage distribution Company and a fast-food chain. When three ICE agents took Ms. Cordero into custody for overstaying her visa," - so this becomes the question. This story is sad, I get it, but she was put into custody for overstaying her visa. The article also states they got married earlier that year. How long was she in overstay before they got married? It's a good question, and when did she begin the overstay versus when did the marriage begin? Was she in overstay when they were married, and how long was she in overstay when they were married? Quoting further: "She began to weep, as did the Citizenship and Immigration Services Officer who had been interviewing her, according to Mr. Cordero." 

Look, I don't like to read any of these stories about these people being put into a bad situation legally, but at the end of the day, you know when your Visa is on overstay. At the end of the day you know when you entered the country illegally; at the end of the day you know what your intentions are when you entered the country. And there are legitimate things that happen. Look, somebody could get a Tourist Visa to America; they spend a month there; look I came to Thailand and fell in love with the love of my life after a relatively short period of time here and ended up getting married. I can see you where it's possible that that can legitimately happen.

But the point for this video is, set aside all the hyperbole on this topic and understand what this Administration is doing. They are looking at the underlying intent associated with Tourist Visas at the time of entrance to the United States in the context of those who are later seeking Green Cards. Frankly I think it's within the remit; I think it's within their bailiwick to look at that type of thing during the adjudication of a Green Card application. Now again, should everybody necessarily just because they entered with a Tourist Visa and may have sought other types of Visa status, just summarily be denied that? No, I don't think that, but again I think they need to look at the underlying intent and understand if the person did in fact enter the country legally.