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US cracking down on overstayers, even if married to US citizens

US cracking down on overstayers, even if married to US citizens

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Old Apr 4th 2017, 11:04 pm
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by nun
While I can see he irony of you post, it would be another example of and application of the law with more negative consequences than positive.
Maybe not so negative... it would include Donald Trump.

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Old Apr 4th 2017, 11:14 pm
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by ian-mstm
Maybe not so negative... it would include Donald Trump.

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Old Apr 5th 2017, 12:10 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Leslie
I know. I just think it's necessary to periodically show the hypocrisy of these supposed "law and order" folks. If they really cared about "the law" then they would be more consistent. What it really comes down to is how much you identify with the law breaker.
And then there are idiotic laws like this one:
".... Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment. .... Employers should accept any unexpired document from the Lists of Acceptable Documents so long as the document appears reasonably genuine on its face and relates to the employee."

So you're OK so long as you use good quality forged documents, AND you get to choose which document to get forged present to your new employer.

To be clear, this ridiculous piece of legislation gives the "criminals" that you would prosecute, an almost watertight defence!

Last edited by Pulaski; Apr 5th 2017 at 12:22 am.
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Old Apr 5th 2017, 12:14 am
  #79  
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by nun
Certainly criminal violations should not be rewarded.....ie things like robbery and assault. But civil violations or parking tickets should not stop people from getting back into immigration compliance. That was the case in the previous administration, but ICE has change the application of the law which seems to be popular. I think that it's a misguided policy, but I'm in the minority.
That is just it. Civil violations or parking tickets or moving violations are what brings illegals to the attention of the authorities. If they were never in compliance how could they "get back into immigration" compliance? And they were once in compliance legally and stopped being so, why do they deserve a chance to rectify that while remaining in the US holding the same privileges that citizens and legal residents have?
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Old Apr 5th 2017, 12:18 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Pulaski
And then there are idiotic laws like this one:
".... Most employers should not ask whether or not a job applicant is a United States citizen before making an offer of employment. .... Employers should accept any unexpired document from the Lists of Acceptable Documents so long as the document appears reasonably genuine on its face and relates to the employee."

So you're OK so long as you use good quality forged documents, AND you get to choose which document to get forged present to your new employer.


Could never and still can't understand why an employer cannot ask to see proof that someone has the right to work, i.e. passport or birth certificate of a US citizen, green card for a resident, etc.
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Old Apr 5th 2017, 12:33 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Rete


Could never and still can't understand why an employer cannot ask to see proof that someone has the right to work, i.e. passport or birth certificate of a US citizen, green card for a resident, etc.
I'm not sure I understand as employers can ask... It's just up to the employee to furnish whatever document they want as per the I-9 instructions. I showed my EAD and that's all what was required.

I think promoting the e-verify system will help this overtime. It only takes a few minutes to check on someone... I did it on myself.
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Old Apr 5th 2017, 12:37 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by tom169
I'm not sure I understand as employers can ask... It's just up to the employee to furnish whatever document they want as per the I-9 instructions. I showed my EAD and that's all what was required.

I think promoting the e-verify system will help this overtime. It only takes a few minutes to check on someone... I did it on myself. ...
Yeah, but I could forge a document with your name on it and present it when I apply for a job, and because you are "legal" it will come back as a positive e-verify! .... And so long as the forgery is not something made using a potato cut, the employer cannot challenge it.
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Old Apr 5th 2017, 12:39 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Pulaski
Yeah, but I could forge a document with your name on it and present it when I apply for a job, and because you are "legal" it will come back as a positive e-verify! .... And so long as it's not something made using a potato cut, the employer cannot challenge it.
Ah, I'm following you. Yeah, to be honest any dodgy outfit that can make a fake driving licence can probably make a fake EAD/GC/whatever.
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Old Apr 5th 2017, 8:06 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Leslie
All of the criminals who have ever employed an undocumented worker need to be rounded up, thus separating them from their families, and have the full force of the law thrown at them. After they get out of prison they should never be allowed to own or manage a business again.
I agree completely, in fact more resources should be thrown at the problem rather than the symptom. If employers of undocumented immigrants had greater consequences, combined with stricter border control and making it not so easy to live illegally in the USA, that would address the problem.

ICE has finite resources, should be prioritized solving the problem, so that families wouldn't be torn apart.
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Old Apr 5th 2017, 8:46 am
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Pulaski
Yeah, but I could forge a document with your name on it and present it when I apply for a job, and because you are "legal" it will come back as a positive e-verify! .... And so long as the forgery is not something made using a potato cut, the employer cannot challenge it.
There are a few common sense methods to deal with how easy it is to live as an undocumented person in the USA which would help, and technology today can be used more efficiently.

1. The IRS and Social Security Administration tend to not share basic information, nor use computer programs to identify anomalies that easily can indicate undocumented workers. For example, if under one social security number credits are being received in two different parts of he country on a regular basis, more resources in looking into this would turn up double use of social security numbers.

2. The e-verify system if I understand correctly has exemptions for businesses under 50 employees. It is not an undue burden for small businesses to submit copies of documents by email, and many small businesses use payroll services anyway, just another document to submit.(This is one of reasons why sometimes a farm or a small roofing service company as they grow form separate companies for hiring purposes).Extend e-verify to banks as well.

3. Follow-up on those over-staying their visas- I knew someone who over-stated their visa, enrolled their children in public school, rented an apartment, opened bank account, etc etc never even got a letter saying they had over-stayed.

4. Obviously more resources for border control. Paintball rifles with pepper spray not exactly a good deterrent.(Yea I know this could be fake news).Nothing wrong with a wall except will take years, cheaper and faster to add border patrol agents, and a second line of control checkpoints 10 to 25 miles in from the border.

5. As Leslie says, more effort going after employers of undocumented workers. Perhaps in addition to fines, criminal penalties for repeat offenders, that any person or business found to have employed undocumented worker deliberately that the business must pay the equivalent in wages paid to a fund to assist citizens who are the working poor- and if that person is a green card holder themselves, they face immediate deportation if convicted. And special penalties for any public official who employs household workers without paying employer taxes.

6. Remove undocumented immigrants from prison system and pay Mexico to run prisons in Mexico for them- everyone wins, USA saves money, Mexico can make a profit, and I have no doubt that if many criminals expected to end up in Mexican prison they may think twice about committing crimes in USA.

Only then ease up on deportations that create such difficulties for honest and decent families.
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Old Apr 5th 2017, 4:29 pm
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by morpeth
There are a few common sense methods to deal with how easy it is to live as an undocumented person in the USA which would help, and technology today can be used more efficiently.

1. The IRS and Social Security Administration tend to not share basic information, nor use computer programs to identify anomalies that easily can indicate undocumented workers. For example, if under one social security number credits are being received in two different parts of he country on a regular basis, more resources in looking into this would turn up double use of social security numbers.

2. The e-verify system if I understand correctly has exemptions for businesses under 50 employees. It is not an undue burden for small businesses to submit copies of documents by email, and many small businesses use payroll services anyway, just another document to submit.(This is one of reasons why sometimes a farm or a small roofing service company as they grow form separate companies for hiring purposes).Extend e-verify to banks as well.

3. Follow-up on those over-staying their visas- I knew someone who over-stated their visa, enrolled their children in public school, rented an apartment, opened bank account, etc etc never even got a letter saying they had over-stayed.

4. Obviously more resources for border control. Paintball rifles with pepper spray not exactly a good deterrent.(Yea I know this could be fake news).Nothing wrong with a wall except will take years, cheaper and faster to add border patrol agents, and a second line of control checkpoints 10 to 25 miles in from the border.

5. As Leslie says, more effort going after employers of undocumented workers. Perhaps in addition to fines, criminal penalties for repeat offenders, that any person or business found to have employed undocumented worker deliberately that the business must pay the equivalent in wages paid to a fund to assist citizens who are the working poor- and if that person is a green card holder themselves, they face immediate deportation if convicted. And special penalties for any public official who employs household workers without paying employer taxes.

6. Remove undocumented immigrants from prison system and pay Mexico to run prisons in Mexico for them- everyone wins, USA saves money, Mexico can make a profit, and I have no doubt that if many criminals expected to end up in Mexican prison they may think twice about committing crimes in USA.

Only then ease up on deportations that create such difficulties for honest and decent families.
This happened to me in the UK about 20 years ago and HMRC/Inland Revenue contacted me on how I could be working 2 jobs at the sametime 100 miles apart. If this could be done that long ago in one country, why is the US is so behind the curve? Maybe they do monitor this type of activity.
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Old Apr 5th 2017, 5:49 pm
  #87  
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by Pulaski
To be clear, this ridiculous piece of legislation gives the "criminals" that you would prosecute, an almost watertight defence!
Gee. I wonder why that's the case then?
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Old Apr 5th 2017, 5:54 pm
  #88  
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Default Re: US cracking down on overstayers, even if married to US citizens

The US immigration system obviously has problems. However, on our original specific question, people that have not committed a criminal act (ie just over stayed a visa) and can be sponsored by a US family member for a green card should be allowed and encouraged to get back into immigration compliance.
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Old Apr 5th 2017, 7:17 pm
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by morpeth
I agree completely, in fact more resources should be thrown at the problem rather than the symptom. If employers of undocumented immigrants had greater consequences, combined with stricter border control and making it not so easy to live illegally in the USA, that would address the problem.
There's money to be made off the undocumented, so lobbying $$$ have successfully pushed back against any attempt to do this. Unless and until that changes, I don't see how the undocumented immigrant situation will change much.
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Old Apr 5th 2017, 8:12 pm
  #90  
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Default Re: US cracking down on overstayers, even if married to US citizens

Originally Posted by mrken30
This happened to me in the UK about 20 years ago and HMRC/Inland Revenue contacted me on how I could be working 2 jobs at the sametime 100 miles apart. If this could be done that long ago in one country, why is the US is so behind the curve? Maybe they do monitor this type of activity.
As has been said designed that way to look good but do nothing, bit like Healthcare.
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