Anyone have info on the new overstay visa rules.

http://thehill.com/homenews/administ...r-visas-report

US tightening rules for visas: report



The United States is reportedly tightening its visa guidelines, with the State Department providing officials with new rules to deny entry or expel visitors.

According to The New York Times, Secretary of State Rex Tillerson explained the changes in a cable to U.S. Embassies across the globe.

Under the new rules, the State Department will assume a person with a visa lied on purpose if they do something outside the scope of what he or she told a consular officer. These actions include going to school or marrying a United States citizen, the newspaper said.


The rules would make renewing a visa or obtaining a new one difficult should an individual be in this scenario, the Times noted.
The American Immigration Lawyers Association’s associate director of government relations described the new guidance as “a significant policy change.”

“If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied,” Diane Rish told the Times.

A spokesperson for the Federation for American Immigration Reform (FAIR), a staunch proponent of strict immigration policy, said the news rules are “an effort to prevent people from abusing the legal immigration process.”

Isn't the info in the article?

What he could mean, and what questions came up to me while reading, is whether it's only for visas issued from a specific date on, or applies to everyone retroactively. If it's the latter, a lot of people who've been here for a long time are screwed and won't be able to adjust status. Also, does it only apply to tourists, or other visa types as well? Say someone comes here on a work/student/intern visa for a year, actually falls in love, they decide to get married and try to adjust without having to spend time away from each other; would they be able to do it?

There are valid questions regarding the new rules, but it's probably still too early to know any of it.

Honestly nothing in this policy makes any sense. Are they trying to treat everyone who fell out of status or violated it down the line as committing immigration fraud?

First denial is going to the BIA and BIA isn't going to agree with that.

What's BIA?

Board of Immigration Appeals.

Basically where appeals from Immigration Courts go to, BIA precedents are binding on the entire country (unless they conflict with case law of any of the Federal Circuits, in case of which the decision will normally state that it doesn't apply in that district).

Further appeals from BIA go to Circuit Courts of Appeals, which one depends on where the original immigration court was located, then possibly to US Supreme Court.

This law does not effect past Overstays right? This is moving forward?

This is the part we don't know yet

My issue at the moment is that the BIA is under DOJ jurisdiction, and the current head of the DOJ is a certain elf from AL who gets a hard on every single time he can do something that hurts immigrants

Then it'd go to the circuit courts, if BIA wants to be dysfunctional then there's other things above it.