Warning against flouting US visa rules

YOUNG PEOPLE who are planning to travel to the United States this summer have been warned that they could be arrested and deported…

YOUNG PEOPLE who are planning to travel to the United States this summer have been warned that they could be arrested and deported if they overstay their visa or work while there on a holiday visa.

They could also be banned from re-entering the US for up to 10 years, according to two prominent agencies working with migrants.

The Crosscare Migrant Project and the Emigrant Advice Network says Irish organisations in the US are regularly coming across young Irish people looking for work in the US without proper documentation.

Paula Lally of the Crosscare Migrant Project said that anyone considering entering the US on the Visa Waiver Programme in order to work should reconsider their options as it was illegal to work with this visa.

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She said they should instead apply for the correct visa that would entitle them to live and work legally in the US, such as the DV Lottery Visa or employer-sponsored visas.

She also advised students on the J1 Summer Exchange Programme to ensure that they left on time, and not overstay by even a day.

People found to have overstayed their visas could be "arrested, detained indefinitely and then deported", Ms Lally warned.

"US authorities are more vigilant than ever about checking documentation.

"If you entered on the Visa Waiver Programme for a holiday, and you overstay and are caught, you have no right to an appeal."

Emigrant Advice Network director Noreen Bowden said that some people might have heard about efforts toward visa reform and could be underestimating the dangers of a visa overstay.

"While immigrant advocates in the US are still hoping for immigration reform in the future, there is no guarantee and all the efforts are being aimed at people who have been over in the US for a length of time," Ms Bowden said.

Ms Lally said that Irish organisations in the US were also reporting that it was becoming more difficult for illegal immigrants in the US to get a social security number, apply for a driver's licence or open a bank account.

She also said there were other serious implications for anyone found to have violated visa regulations.

"It's not just the time in detention: the effects are long-lasting," Ms Lally added. "US authorities will ban people who violate their visa and overstay from re-entering for three or 10 years, depending on how long you have overstayed."

She warned that there was still no guarantee that the offender would be allowed to go back to the US even after that time.

"You will need to reapply for a visa, and the authorities may refuse you."

Alison Healy

Alison Healy

Alison Healy is a contributor to The Irish Times