Monday, June 27, 2011

The Scream No One Hears

USA Immigration law  rules and how they affect the potential immigrant in USA

Article written by Terrans

Protected Foreigners in USA -

Copyrights Reserved
This article is written only for educational purposes!

I scream but no one answers. I beg for help but no one is able to help. I scratch the walls with my nails and deform my fingers until blood is dropping on the floor but no one can see me. I am there with my pain, begging for mercy but no one responds!

The path of immigrants in USA is long and painful partly because they have to follow every step on the way what the American immigration law says. My long journey with American immigration law taught me that there is no exception and I am not chosen one, I am not much different than millions of immigrants out there who face the same issues every single day struggling to make a living, struggling to change their status, struggling to get a visa, struggling to get the green card. American immigration law is complicated and sometimes problematic to understand and hard to agree with. I remember every time when I needed to file for change of status I was shivering, the anxiety of not knowing what will happen was holding me back, the pain from waiting and waiting years after years for the green card was creating enormous pressure on my physical and mental body and still I never knew if I ever will be able, to get my green card!

As many of my fellow immigrants know, there is not guarantee of getting your visa, there is no assurance of getting your change of status approved, and there is no promise of getting your green card application approved. When you go to an immigration attorney he/she tells you the attorney office can file your application, you sign a contract and if you ask for the guarantee the answer is there is no guarantee to get your visa, status or green card approved. The reason for that is because is not up to the immigration attorney decision to approve your visa, status or green card application but it is up to the decision of the American immigration officer who is reviewing your application at the moment. I want to scream and tell the American immigration officer to approve my application: “Please, please, approve my application so I can get my “bloody” green card and go back and see my family after many years of being a good girl”. Do you think he/she hears me? The time and the power are in the American immigration officer hands not in the immigrant hands.

There are rules in American immigration law to prohibit the potential immigrant of getting his/her visa, status approved or reentering the country after breaking the law.  Many immigrants are not aware of those dangers and fall quickly by mistakenly assuming and hoping that everything will be all right just by doing things their own way. The attitude: “Hell yes, I am in America now, I can do whatever I want”, does not count anymore. I know it sound extreme but since day one I have been “married” to American immigration law and my “marriage” has been rocky and bumpy, not the happy fairytale “marriage” I want to have. That is the feeling once you want to stay, you marry the law in order to get your green card you follow what the law says not what you want, or wish to do!

Here are the most important rules and their consequences:

1.          Staying in USA above your visa or status due date more than 180 days LESS than one year. Your visa is your gold, it tells you how long you need to stay and has an end date when you suppose to leave. As one of my articles “Secrets above the mud” says you should not stay even one day above your expiration date of your visa or status, this is the rule and it is made for reasons. If you stay in USA for more than 180 days and less than a year after the expiration date of your visa or status, you have to leave the country and stay in your home country for three years before reapplying for any type of visas. If you are in USA at the moment and you overstayed with more than 180 days and less than an year, your application for any type of visa will be rejected;

2.          Staying in USA above your visa or status due date for more than one year and above. Once you pass one year of staying in USA, once you go back in your home country you will not be allowed to reenter the country for 10 years. If you are present in USA your application for any type of visa, will be rejected based on this rule;

3.          Permanent rule: Staying in USA above one year and previously deported or attempted to reenter USA without proper visa will result permanently to prohibit you to apply for any type of visa.

Considering the above rules, what is the point to stay above your end date of your visa or status? Think about it, is it worth the risk you are taking, is it worth the pain and the punishment in the future you are going to face, is it worth to stay illegally and not be able to work for any employer because you do not have a permit to work and do not have the legal document to work, is it worth to stay in USA where you are not allowed to apply for a job, not being able to travel outside of the country, not allowed to receive a government help, not allowed to go to school and use the resident privileges. Think about it, what a life this would be?!

In the three rules above you will need experienced deportation attorney and a solid amount of savings in the bank to keep paying your attorney to fight for your case and bring you back in the country or fight for your legal status to be able to stay legally in USA. Some immigrants NEVER reach the green card stage for those reasons and are not able to see their family and relatives and go back in their countries for visit.
Important: If you entered USA with a visa in your passport, file for change of status earlier as possible before the expiration date!
Thank you for reading my article. Your feelings, experiences and opinions will be highly appreciated.


  1. Hi Terrans

    This is a very serious article and a good one too. I'm glad there is someone like you to educate people - keep up with the good work, you will be blessed.

  2. Hi Johanna,

    I am glad you enjoyed it. I have been thinking about this article long time ago to post it and could not decide how far I should go. Now here it is, hope some people will find it valuable and worth reading and impact positively their lives.

  3. Nice blogger. anyway, thanks for visit my blog.

  4. Nice post which provide tips for visiting USA.
    I have never been there before, but who know in the future.

  5. Very informative post for immigrants to the USA. Great pictures too:))

  6. @Multibrand,

    The article is written for people who have intentions to stay in USA not just visit.
    Thank you for your comment.

  7. Hi Sajeev,

    Thank you for your kind words and it is nice to see you in my blog.

  8. Hi Terrans,
    I hope you get your Green card soon. Good luck! A lot of attention is focused on the subject again since the journalist, Jose Vargas, identified himself as an illegal immigrant... It's not easy and I wish everyone blessings and grace in their efforts.

  9. Good Morning Eliz,

    I use a lot present tense and “I” statements in my article to increase the emotional turbulence and describe my feelings as the immigrant feelings in general. Of course, not everyone has the same experience. My personal experience was different than the one described in my article but being surrounded and knowing personally, listening to immigrant stories and concerns show me many of them go through traumatic and very difficult time. I passed the stage of the green card already and thank you very much for your care and concern. I appreciate and it is very sweet of you!

  10. Thank you for the visit and I will stop by on all of your blogs as well.

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  12. Thank you for your visit and taking time to read my article. The reality is not always pleasant for USA immigrants once they cross the fine line.