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Susie
09-22-2007, 05:40 AM
Eight Ways to Get Denied, Banned or Deported from the U.S.
From Jennifer & Peter Wipf,




These Common Mistakes Will Keep You Out of the U.S.
A variety of circumstances and mistakes can lead to a visa or green card denial, banning from the U.S., or deportation. Here are eight avoidable mistakes you need to know about.


1. Commit a Crime, or Become a Criminal Suspect
When Crime Doesn't Pay
If you have had any trouble with the law, you may be:

a) Denied a visa or entry at ports and borders, if you have a criminal record in any country, or criminal charges pending outside the U.S.;

b) Detained in a U.S. jail if you have broken (or are suspected of breaking) a U.S. or international law;

c) Banned from entering the U.S. for a stipulated number of years, or forever, because of criminal convictions abroad or in the States;

d) Deported from the U.S. if you are found guilty of a "crime of moral turpitude," or extradited if you face serious criminal charges abroad.
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2. Misrepresent Your Reasons for Coming to the U.S. (Intentionally or accidently)
When you apply for a visa, it is imperative that you intend to use that visa for its official purpose. For example: On a visitor visa, you must be visiting only, and not currently (or planning on) applying for a work or student visa, or a green card. You must have no plans to remain in the States for any reason. Otherwise, it would be considered fraud. In any case of misrepresentation--B visas or otherwise--you may be;

a) Denied U.S. entry, a visa, a green card or citizenship;

b) Detained at the border or port of entry;

c) Banned from the U.S. for years, or forever;

d) Deported if you fail to return home by the government's deadline plus grace period.

Entering with one intent, and later changing your mind is not illegal.
3. Express views or hold affiliations that might be construed as dangerous
4. Enter the U.S. Illegally
If you have ever entered the U.S. by sneaking over the border or stowing away, you cannot gain legal status unless you marry a U.S. citizen, or the government grants you amnesty, refugee or asylum status.

If you enter the U.S. on a Crewman's Visa, fail to depart with your vessel, and then remain in the U.S., marriage to a U.S. citizenship will not make you legal. Only government intervention will help you, unlikely unless you can prove extenuating circumstances.
5. Overstay Your Visa and I-94
If you stay in the U.S. longer than your Visa, I-94 and related grace periods allow, you face future denial of visas and bans from re-entry, detention and deportation as an illegal alien, unless you:

a) Marry a U.S. citizen, based on a genuine, existing relationship and have a sponsor who will sign and qualify for an Affidavit of Support; b) Are granted a waiver for extenuating circumstances; or, c) Manage to qualify for Temporary Protected Status, Asylum or Refugee Status.
6. Enter the U.S. Very Contagious, or Pregnant
If you arrive in U.S. with an active, serious and contagious illness, such as Tuberculosis or AIDS, you may be denied entry, detained in quarantine, and banned from future entry if the disease is permanent.

Those in the U.S. legally will not be deported simply for being ill.

If you are pregnant at any stage, you may be denied a visa or entry to the U.S. as student, worker or cultural exchange visitor. You may also be denied if you are from a country with high rates of illegal immigration to the U.S.

If you enter the U.S. in your third trimester of pregnancy, it's possible that you could be denied. Why? Babies born in the U.S. are automatic U.S. citizens and the government tries to prevent visitors from taking advantage of this.
7. Lie on Your Application
Lying about anything on any visa, green card or citizenship application can result in denial, a ban, or deportation. The lies taken most seriously aside from intent include those related to criminal records, war crimes, negative political affiliations and terrorist ties. But any lie can be used against you. If you're afraid that the truth will have serious consequences, consult an attorney before you apply.
8. Fail to Keep the USCIS Informed
Since 9/11 the USCIS has been more diligent about keeping track of:

a) B and waiver Visitors; b) M and F Students; c) Temporary Workers; d) Adjustment of Status applicants; e) Green Card holders here for fewer than 10 years; and, f) Sponsors of those Green Card Holders

If the USCIS is unable to verify your status or reach you, your application could be denied or your visa revoked, which could ultimately lead to detention, future denials and bans, or deportation for being an illegal alien.