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Sunday, June 23, 2013

Overstay your visa? No problem. Hoeven-Corker amendment fixes that

Here is one innocuous piece of text that changes the Gang of Eight Bill from bad to intolerable.
(f) APPLICABILITY OF CERTAIN GROUNDS OF INADMISSIBILITY.—In determining an alien’s inadmissibility under this section, section 212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(9)(B)) shall not apply.
What does that mean?
Current law states that those applying for green cards are ineligible if they are either "illegally present" at any point or overstay the terms of their work visa. Such an immigrant, in current law, would have to return to their home country and restart the immigration process. The Corker Amendment wipes away that enforcement mechanism.
In the current draft of the Corker Amendment, any worker in the country on a legal work visa for 10 years can get a green card, even if they overstay their visa. The Corker Amendment allows immigrants to break the law in the future and still be eligible for citizenship. It absolves prospective behavior, not simply past mistakes. I doubt is Corker et al intended that the public would figure this out before the vote on Monday.


  1. Cool! thanks for sharing this info. I also wonder what to do if you are already overstay your visa. Keep posting.

    Canadian Visa

  2. Great information...It's a big help for people who overstay visa in US.

    Overstay in the USA