This is going to be one of the most difficult summers ever for US Green Card and visa holders in all categories as few foreigners are aware of impact from the Presidential Order 13768, said Steven Riznyk, lead immigration attorney.
Under the Order, anyone who has any kind of a criminal record, or has even been charged but not convicted is a priority for removal or previously called deportation. Many people leaving for vacation have no idea they will not be returning home to their careers and families, he noted.
Steven Riznyk cautions that people with careers, jobs, homes, cars, and children who leave the United States will most likely not be able to re-enter for approximately 8 months’ time citing the draconian Presidential Order 13768.
“It is a very dangerous provision. A simple shoplifting charge can keep someone out of the United States,” said Riznyk. Unless a visa or Green Card holder applies for a waiver to ask the government to overlook a charge or conviction and has it approved, he or she will most likely not be able to re-enter after their vacation is over.
Mr Riznyk said he has received a number of calls from people all over the world who have been denied re-entry into the United States, feeling it was an error. With few immigration lawyers qualified to create waivers, he said not all immigration offences qualify for waivers.
Some waivers are only for visa holders, and not available for Green Card holders. It takes, on average, 8 months to be able to re-enter after filing a waiver, which itself takes 3-4 weeks to prepare, he said.
Once a foreigner is outside the country, he or she will not be able to enter, even while waiting for the results of the waiver. For people in the United States on a student visa or with a serious career and family obligations, this situation can be extremely destructive, he said.