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This Summer a Dangerous Time for Visa and Green Card Holders

July 10, 2017 Destination North America No Comments Email Email

Los Angeles, CA. July 8th, 2017. This is going to be one of the most difficult summers ever for Green Card and visa holders in all categories. What few foreigners are aware of is Presidential Order 13768, states Steven Riznyk, lead immigration attorney at Waiver-Strategy.com, which is perilous for foreigners. Under that Order, anyone who has any kind of a criminal record, or has even been charged but not convicted is a priority for removal (previously called deportation). Many people leaving for vacation have no idea they will not be returning home to their careers and families.

As a result, states Steven Riznyk, people with careers, jobs, homes, cars, and children who leave the United States will most likely not be able to re-enter for approximately 8 months’ time. Many immigration issues have been covered in the press and as a result, Presidential Order 13768 has been overlooked by many. It is a very dangerous provision. A simple shoplifting charge can keep someone out of the United States. Unless a visa or Green Card holder applies for a waiver (a complex legal document that uses legal precedents to ask the government to overlook a charge or conviction) and has it approved, he or she will most likely not be able to re-enter after their vacation is over. Mr Riznyk has received a number of calls from people all over the world who have been denied re-entry into the United States, feeling it was an error.

Only about 1% of immigration lawyers are qualified to create waivers, and they are the legal equivalent of open-heart surgery. There are various sub-categories of waivers but not all immigration offences qualify for waivers. Some waivers are only for visa holders, and not available for Green Card holders. It takes, on average, 8 months to be able to re-enter after filing a waiver, which itself takes 3-4 weeks to prepare. Once a foreigner is outside the country, he or she will not be able to enter, even while waiting for the results of the waiver. For people in the United States on a student visa or with a serious career and family obligations, this situation can be extremely destructive.

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