DV. Do I have a problem???
Jun 6th 2004, 4:22 pm
#1
Just Joined
Thread Starter
Joined: Jun 2004
Posts: 3
DV2005. Question about husband 's overstay.
Hi,
I received a DV2005 letter. I would like my husband to join me to the USA.
But I think there are some problems with his previous visit to the USA.
In 1999 he got a J1 visa on CampAmerica summer work and travel program.
After he has entered the USA, he had problems with CampAmerica he didn't go
to the camp but worked on a different place.
CampAmerica sent him a letter stating that he was illegal or out of status if he was present in the country
and they would inform the INS for it. He was on J-1(Camp Counselor).
I read that with this type of J-1 visa he could work out of camp (I might be wrong).
He had a SSN for his work. He left the country on time- according to his D/S period (4 months in the USA).
I have several questions.
1. Does he really violated the law and what exactly his violation is?
2. If he performed a violation, how this could affect my DV processing
and if he does have a violation is it to become void by prescription after a certain period?
3. If CampAmerica has sent a letter to INS is it still kept in their records?
4. There is no obvious violation( he left the country on time) and therefore I wonder whether
the immigration officer will check whether he worked where he was supposed to.
In general, I think this could be done as he had a social security number.
5. Can somebody give advise on this matter?
Thank you.
Sasho
I received a DV2005 letter. I would like my husband to join me to the USA.
But I think there are some problems with his previous visit to the USA.
In 1999 he got a J1 visa on CampAmerica summer work and travel program.
After he has entered the USA, he had problems with CampAmerica he didn't go
to the camp but worked on a different place.
CampAmerica sent him a letter stating that he was illegal or out of status if he was present in the country
and they would inform the INS for it. He was on J-1(Camp Counselor).
I read that with this type of J-1 visa he could work out of camp (I might be wrong).
He had a SSN for his work. He left the country on time- according to his D/S period (4 months in the USA).
I have several questions.
1. Does he really violated the law and what exactly his violation is?
2. If he performed a violation, how this could affect my DV processing
and if he does have a violation is it to become void by prescription after a certain period?
3. If CampAmerica has sent a letter to INS is it still kept in their records?
4. There is no obvious violation( he left the country on time) and therefore I wonder whether
the immigration officer will check whether he worked where he was supposed to.
In general, I think this could be done as he had a social security number.
5. Can somebody give advise on this matter?
Thank you.
Sasho
Last edited by sasho; Jun 7th 2004 at 7:58 pm.
Jun 6th 2004, 4:36 pm
#2
American Expat
Joined: Jan 2004
Posts: 7,598
Re: DV. Do I have a problem???
"1. Does he really violated the law and what exactly his violation is?"
He violated the terms of his J-1 admission by failing to work for the program and again by accepting unauthorized employment. It doesn't matter if he left on time because he was out of status immiedietly when he failed to obey the terms of his admission.
"2. If he performed a violation, how this could affect my DV processing and if he does have a violation is it to become void by prescription after a certain period?"
He probably doesn't have an automatic bar on applying because of this. However lying on the visa application and being caught can cause his visa to be denied and a finding of fraud against him. It doesn't matter how long ago the problem was because it says "have you EVER been unlawfully present in the US or violated the terms of a previous admission"<paraphrase>.
"3. If CampAmerica has sent a letter to INS is it still kept in their records?"
That is unknown.
"4. There is no obvious violation( he left the country on time) and therefore I wonder whether the immigration officer will check whether he worked where he was supposed to.
In general, I think this could be done as he had a social security number."
There is an obvious violation. He sought entry to be a camp counselor then worked illegally. He did not leave on time. The time he was allowed to stay was contingent on his participation at the camp. The seond he worked for someone else, he was out of status. D/S is over when the status is violated.
"5. Can somebody give advise on this matter?"
It's never a good idea to lie on a visa application. He probably doesn't have an automatic bar from entering the US. However, lying on the application could create a lifetime bar from enetering the United States.
He violated the terms of his J-1 admission by failing to work for the program and again by accepting unauthorized employment. It doesn't matter if he left on time because he was out of status immiedietly when he failed to obey the terms of his admission.
"2. If he performed a violation, how this could affect my DV processing and if he does have a violation is it to become void by prescription after a certain period?"
He probably doesn't have an automatic bar on applying because of this. However lying on the visa application and being caught can cause his visa to be denied and a finding of fraud against him. It doesn't matter how long ago the problem was because it says "have you EVER been unlawfully present in the US or violated the terms of a previous admission"<paraphrase>.
"3. If CampAmerica has sent a letter to INS is it still kept in their records?"
That is unknown.
"4. There is no obvious violation( he left the country on time) and therefore I wonder whether the immigration officer will check whether he worked where he was supposed to.
In general, I think this could be done as he had a social security number."
There is an obvious violation. He sought entry to be a camp counselor then worked illegally. He did not leave on time. The time he was allowed to stay was contingent on his participation at the camp. The seond he worked for someone else, he was out of status. D/S is over when the status is violated.
"5. Can somebody give advise on this matter?"
It's never a good idea to lie on a visa application. He probably doesn't have an automatic bar from entering the US. However, lying on the application could create a lifetime bar from enetering the United States.
Jun 6th 2004, 5:42 pm
#3
Just Joined
Thread Starter
Joined: Jun 2004
Posts: 3
Re: DV. Do I have a problem???
Dear crg14624,
Thank you for your prompt reply. As far as I understood he was out of status for the whole period. Is this correct?
I don't understand where this lie could occur. The only place I am confused with is the following part (DS-230 part II, question 30).
h. An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was
previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who
was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180
days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an
aggregate of one year within the last 10 years.
But, in my opinion, he was not subject to any of the above because the length of his stay was below 180 days and he was not ordered removed.
Is it obvious for the immigration officer checking the documents?
I mean that in DS-230 there are no questions which need to specify whether he worked on his program.
In his J-1 visa documents I could not find the place he was supposed to work.
Does the immigration officer mandatory check where people worked and
if he checked how he would know that this place was not offered from his sponsor?
Thank you.
Sasho
Thank you for your prompt reply. As far as I understood he was out of status for the whole period. Is this correct?
Originally posted by crg14624
However lying on the visa application and being caught can cause his visa to be denied and a finding of fraud against him.
However lying on the visa application and being caught can cause his visa to be denied and a finding of fraud against him.
h. An alien who was previously ordered removed within the last 5 years or ordered removed a second time within the last 20 years; who was
previously unlawfully present and ordered removed within the last 10 years or ordered removed a second time within the last 20 years; who
was convicted of an aggravated felony and ordered removed; who was previously unlawfully present in the United States for more than 180
days but less than one year who voluntarily departed within the last 3 years; or who was unlawfully present for more than one year or an
aggregate of one year within the last 10 years.
But, in my opinion, he was not subject to any of the above because the length of his stay was below 180 days and he was not ordered removed.
Originally posted by crg14624
There is an obvious violation. He sought entry to be a camp counselor then worked illegally. He did not leave on time. The time he was allowed to stay was contingent on his participation at the camp. The seond he worked for someone else, he was out of status. D/S is over when the status is violated.
There is an obvious violation. He sought entry to be a camp counselor then worked illegally. He did not leave on time. The time he was allowed to stay was contingent on his participation at the camp. The seond he worked for someone else, he was out of status. D/S is over when the status is violated.
I mean that in DS-230 there are no questions which need to specify whether he worked on his program.
In his J-1 visa documents I could not find the place he was supposed to work.
Does the immigration officer mandatory check where people worked and
if he checked how he would know that this place was not offered from his sponsor?
Thank you.
Sasho
