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Trump Policies, Overstay, and I-601 Waivers?

Transcript of the above video: 

As the title of this video suggests, we are discussing waivers, and we are discussing recent Trump policy announcements regarding U.S. Immigration. Let me just jump in. I originally came upon this video in the Associated Press, that is apnews.com, the article is titled: Trump Administration is reviewing all 55 million foreigners with U.S. Visas for any violations. Quoting directly: "The Trump Administration said Thursday it is reviewing more than 55 million people who have valid U.S. Visas for any violations that could lead to deportation." Now the reason for the video on I-601 waivers is deportable offenses, so-called grounds of inadmissibility, can have an impact on people being able to get visas after deportation or could maybe be utilized as a remedy before being deported. So that is important to note. Quoting further: "part of a growing crackdown on foreigners who are permitted to be in the United States. In a written answer to a question from the Associated Press, the State Department said all U.S. Visa holders, which can include tourists from many countries, are subject to "continuous vetting" with an eye toward any indication they could be ineligible for permission to enter the United States."

Now that is where the I-601 really comes in is if you are deemed inadmissible, for example at a Visa interview at the U.S. Embassy here in Bangkok. For example, we oftentimes will pick up cases after somebody has become adjudicated as inadmissible or in certain circumstances, where there is a ground of inadmissibility at play in a given case, we will advise clients to go ahead and admit the inadmissibility so as to get the denial so that we can go ahead and file for the I-601 and go ahead and deal with it in the legally proper way and get that remedied so they can get in the U.S. and get on with their lives.

But that said, look the point of this video is this Administration is looking with increasing scrutiny for people in violation of U.S. Law including U.S. Immigration Law and bear in mind, this doesn't simply pertain to like violations of the law insofar as convictions of a crime. Under Immigration Law, simply committing an act, even without any kind of due process associated with it, could be in and of itself problematic from an I-601 standpoint. Also overstay as the title of the video suggests. Overstay is also of concern to Immigration Authorities, if you stay beyond the validity of your Visa expiration. So that is another key point to bring up with regard to lawful status and maintaining such status in the United States.

Now finally I think it's important to point out this difference between conviction versus just the act, there are a lot of things that can pop up with regard to that. For example folks that have engaged in substance abuse in the past of any kind, may find themselves subject to a legal ground of inadmissibility if that is discovered by immigration authorities, even if you have no conviction. Again, like crimes involving moral turpitude, I have had cases in the past where something came up and someone admitted to something that was tantamount to a crime involving moral turpitude under the Immigration and Nationality Act, even though there was no conviction, the fact that it came to the attention of an adjudicating officer in an interview was enough for the legal ground of admissibility to be applied. So understand, it doesn't simply pertain to convictions, it can pertain to underlying acts as well. 

That said, quoting further: "Should such information be found, the Visa will be revoked, and if the Visa holder is in the United States, he or she would be subject to deportation." And in certain cases, they may not be able to return. There may be certain remedies such as the I-212 or the I-601 waiver which may allow such a person to be able to re-enter the United States. The legal analysis regarding that is going to be dictated by the underlying facts in the giving case. For those who feel overwhelmed by all of this information, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.