24/7 PRN - GHN Editor - Immigration is a hot button issue
on the border, but an expert underlines it isn't as easy as people think
to enter the United States legally, even for a visit.
Certain people can be restricted
from coming into the U.S. Not everyone can come across the border from
Mexico into the U.S. to visit relatives, go to school or have a good time.
In the midst of summer, thousands
of people are denied entry into the U.S. under INA 214(b), and may not
be able to return for years to come, some never.
That section of law deals with
intending immigrants, or people who want to live in the United States.
What it says is that if you intend on living in the U.S. you cannot
enter as a visitor. Most people do not know of INA [Immigration and
Nationality Act] 214(b). Some people, intending on complimenting the
immigration officer about living in the U.S., get themselves barred and
find themselves in custody. This article will examine what it takes to
visit the United States and how to avoid severe penalties for going
about it the wrong way.
The improper application of INA
214(b) is important and some officers actually interpret it too
literally and too strictly. Despite that, it is better to err on the
side of caution, although having basic facts is helpful.
What's the flip side of interpreting visitor rules too strictly.
Steven Riznyk has
been involved with immigration law for 22 years. He is the author of
the first DVD program to explain US Immigration law to the public and
this is his narrative about the strict application of the rules and how
going too far in the interpretation can be harmful.
" We, as a country, lose out on not
only valuable travel dollars, according to those who interpret
immigration law. We end up alienating them and their friends as well
when the word is passed around. We are in one of the few countries where
telling an officer you love his or her country and would like to
someday live there can keep you barred from even visiting. The big
problem with INA 214(b) is that the world isn't warned about it before
coming to the US.
Basically, we have this strange
application of the law in the United States wherein an intent to remain
in the United States gets you barred from most visas, even if there is
not immediacy to it.
The reason I state strange is
because is forces people to lie. Someone may go to the United States to
study with the intent of getting a feel for the country and possibly
living there in the future. If he or she is honest with the immigration
officer, it will lead to denial of the case.
The person is forced to lie in
order to obtain a student visa. If the person is unfortunate enough not
to know about INA 214(b), and was not warned, a simple sentence such as
"I love this country" is enough to get the person an INA 214(b) and they
could be, although not technically, but in reality, virtually barred
for life.
A code section 214(b) denial of
entry keeps a person from entering not only on this occasion, but on
future occasions. In reality, despite what it states, it's not simply a
one-time denial of entry. Steven Riznyk states "we have potential
clients call us with INA 214(b) records who have never been able to
re-enter the United States again, after many years of trying."
Riznyk goes on to give the
intricacies of visas, visa waivers and actual visas and how difficult it
is to move from one status to another, sometimes impossible altogether
and sometimes by lying. More of the details are explained on a web page.
Furthermore he tells us, "What
works in one post will not work in another simply because the officer
interpret its differently. In essence, that is one of the problems with
our immigration system; a lack of uniformity."
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