Indian Passport renewal - Overstayed visa

[randb]

I have a friend who was on a student visa and back in 2006 he decided to quit school and work illegally. He's been doing that since then. Problem is that his Indian passport is expired. If CIR passes, he will be taken care of. However, I've been reading online that an Indian passport cannot be renewed in the US unless you can prove that you have legal status in the country. Is there any way for him to get his passport renewed?

I also know that he tampered with his passport. He was young and stupid and was possibly trying to change his date of birth, so he could go drink. Would it make sense for him to just report his passport as lost and get a police report? But then, how does he prove his identity to the Indian consulate?

Any help is greatly appreciated.

[catx]

"Your friend" needs to do the honest thing are return to India immediately -- period. (What make you think that comprehensive immigration reform (CIR) -- if it ever passes -- "will take care of" willfully breaking the law.) As posted, he has compounded the situation with multiple violations.

[Attorney_25]

This person absolutely needs to speak with a qualified attorney to determine what his immigration options are. In addition, I would suggest that he not engage in any fraud in renewing his passport.

Putting all one's hopes on an immigration reform that does not exist yet is not a good idea.

[randb]

My friend will not even entertain the idea of going back. He has come to terms with the possibility that he might have to stay here illegally for a long time. In case you haven't heard any of the lawmakers' speeches, they acknowledged that a significant number of the illegals present in the country are folks who overstayed their visas. That is indication to me that CIR will fix their status as well.

I will have him contact Murthy's attorneys to see what his options are.

[rahul412]

In case you haven't heard any of the lawmakers' speeches, they acknowledged that a significant number of the illegals present in the country are folks who overstayed their visas. That is indication to me that CIR will fix their status as well.

This is the clear indication how people take advantage of the system. And some senior members in this forum say that its good for Economy.

GOD BLESS USA.

[catx]

My friend will not even entertain the idea of going back. He has come to terms with the possibility that he might have to stay here illegally for a long time.

You can tell "your friend" that he is a fraud and a criminal, and that he needs to be prepared to be caught, detained, prosecuted, and deported with a lifetime entry ban -- and he only has himself to blame for his willful fraudulent and illegal actions. Even if legislation lets him get away with so egregiously abusing the immigration system, he will never be an honorable or honest person.

For a third of my life I have dealt with all the extra effort and hassle it takes to maintain my and my family's legal status in the U.S., including having my son 'age-out' part way through his Bachelors degree, having to change his visa, and losing his ability to get derivative permanent residency, e.g. losing his place in line. Do not look for sympathy or understanding.

[Desi Dude]

With the current government, all current illegals will get legal status. People voted for laws to not be enforced and thats what they got.

We should worry more about the future illegals that will be pouring in....

[t75]

IMO, everyone should be concerned about the proposals. Legal immigration via the family reunification visas are limiting the number of employment based visas. If they do away with country quotas, they should do it in all categories which will disappoint many Indians and Chinese as the Filipino and Mexicans have the big family backlogs. The diversity visa lottery is the only way people from many countries - even though they are skilled and educated - are able to gain entry since they do not have the access to US higher education (not many universities recruit in the Ukraine and Chile but many do in China and Viet Nam). What is right and fair is not what is likely to happen since the decisions will be made based on political considerations. Some of the most critical humanitarian issues will not be addressed since they impact few and have no political benefit. (Yes, I am a cynic as I have watch US politics for far too long.)

The best way to know if the changes are fair is if no one is happy.

[chakrakr]

The diversity visa lottery is the only way people from many countries - even though they are skilled and educated - are able to gain entry since they do not have the access to US higher education

I am not sure I understand your point . Why does a "skilled and educated" need access to US higher education to gain entry ? A foreign degree is enough for H1 as well as Green Card. There are thousands with foreign degree who has got H1 and GC. And how does a Diversity lottery gurantee that only "skilled and educated" get entry ?

[Desi Dude]

I am not sure I understand your point . Why does a "skilled and educated" need access to US higher education to gain entry ? A foreign degree is enough for H1 as well as Green Card. There are thousands with foreign degree who has got H1 and GC. And how does a Diversity lottery gurantee that only "skilled and educated" get entry ?

"Skiiled and Educated" is all BS. I personally know kindergarten teachers who are on H1B. Do you think there is a dearth of such teachers in US? Do you really think US needs to import preschool teachers from a foreign country?

[t75]

Many universities actively recruit in the Asian countries. I know of no one doing so in Europe and Central America.

[chakrakr]

lol i know many people who used to draw water from a well somewhere in a remote village in AP...now they are software testers on so called "Highly skilled" H1B

So you mean that someone who "used to draw water" cannot have a higher education and go for a decent profession. Do you think everybody comes with truckload of money (probably acquired through corruption) and illegaly pay for Green Card just like you ?

@desidude: First, did you complain to CIS regarding the Kindergarden teacher ? If not , why ? Are you scared that the person might countersue you for defamation ?

Second, the question was NOT if ALL coming in H1 are highly skilled. The question was DOES a skilled person need Diversity Visa to enter this country ? That was t75's argument.

[chakrakr]

Many universities actively recruit in the Asian countries. I know of no one doing so in Europe and Central America.

Decent Universities do not "recruit". People apply to those universities. Again people without "access to US higher education" can and do gain entry to USA without going through "diversity visa".

[Desi Dude]

@desidude: First, did you complain to CIS regarding the Kindergarden teacher ? If not , why ? Are you scared that the person might countersue you for defamation ?

Second, the question was NOT if ALL coming in H1 are highly skilled. The question was DOES a skilled person need Diversity Visa to enter this country ? That was t75's argument.

I did not complain because they did nothing illegal, they followed all the processes. I guess you didn't get my point. I'm saying that "highly skilled" has no meaning today, even USCIS doesnt care about it. Nowdays its just anyone anyhow just need to enter the country somehow.

[t75]

Actually, well known universities do actively recruit graduate students. An administrator I know personally makes at least one trip annually to do so.

Many people on DV are not skilled in the areas that have H1B sponsorship or are not necessarily proficient in English. This is particularly true from Eastern Europe, Central and South America, and Africa. Should they not have the same opportunities as Asians? Many Asians who come top study in the US are from wealthy or upper caste families who have the resources to fund their child's education.

[chakrakr]

Actually, well known universities do actively recruit graduate students. An administrator I know personally makes at least one trip annually to do so.

Many people on DV are not skilled in the areas that have H1B sponsorship or are not necessarily proficient in English. This is particularly true from Eastern Europe, Central and South America, and Africa. Should they not have the same opportunities as Asians? Many Asians who come top study in the US are from wealthy or upper caste families who have the resources to fund their child's education.

First , nothing like Harvard, MIT or even decent state schools go for "active recruitment". Your Administrator might be from a Tier 3 or Tier 4 school.

Second , if the DV person is not skilled in area that have H1 sponsorship, that means YOUR Government does not think that some immigrant with that skill is required in this country.

Third, If they are nto proficient in English , I wonder how they are going to work in this country. The only other language that is pervasive in this country is Spanish.

Fourth, what is the source of your argument that many Asians who come to study are from wealthy or upper caste families ? How do you equate wealthy = upper caste ?

Fifth , do you mean there are no weatlhy people in South America/Africa ? FYI, Brazil (South America) is one of the BRIC country .

Sixth, MANY Asians DO NOT attend school in this country. They come to this country based on their degree and experience in foreign country. English is NOT their mother tongue but they learn. Why the same cannot be done by people of your favorite countries ?

I can keep going but will first wait to see your reply on these

[Desi Dude]

Actually, well known universities do actively recruit graduate students. An administrator I know personally makes at least one trip annually to do so.

Many people on DV are not skilled in the areas that have H1B sponsorship or are not necessarily proficient in English. This is particularly true from Eastern Europe, Central and South America, and Africa. Should they not have the same opportunities as Asians? Many Asians who come top study in the US are from wealthy or upper caste families who have the resources to fund their child's education.

What are you talking about?? Everyone has the same opportunities as Asians. Asians are not rich, a lot of poor students come for higher education. And if people are poor in English then is it Asians' fault? Shouldnt they know the language of the country they want to spend their whole life in? English should be made mandatory for any immigrant.

Also you forgot to mention DV people with low skills go mostly on welfare when they reach US unlike "skilled & educated" Asians.

[t75]

UNTRUE. People on DV are NOT unskilled; they are not generally claiming to be in IT which is the skillset desired by the consulting and outsourcing companies. People from many Asian countries are educated in English. This is also the case in some Eastern European countries but not so in Central and South America. These countries do not also have the no-name and distance learning so called universities that people are using as their H-1B qualifications. There is also not the resume padding that is rampant in certain cultures.

[chakrakr]

UNTRUE. People on DV are NOT unskilled; they are not generally claiming to be in IT which is the skillset desired by the consulting and outsourcing companies. People from many Asian countries are educated in English. This is also the case in some Eastern European countries but not so in Central and South America. These countries do not also have the no-name and distance learning so called universities that people are using as their H-1B qualifications. There is also not the resume padding that is rampant in certain cultures.

So you have some sooper seecreet stats proving your point ?

OK show me 10 such talent who came through DV and made big. I can see a lot of cab drivers and Auto mecahnic who came on DV. Not anything against their profession but I do not think it takes great skill :) Are you planning to sponsor H1 for cab driving ? Auto repair ?

Coming to English --- in same breath you say people from Asian countries are educated in English and they get degreefrom no-name "so called" Universities ! Are they actually educated ? If so, do you say a "so called" University is actually providing soem education ; OR are they not educated (and so not at any advantage over those from Central/South America) ?

You mean Asia is thriving with distance learning Universities like U of Phoenix ?

You mean establishments like "Cumbres de Chile University", "

International University for Graduate Studies" ,"Saint Theresa's Medical University" etc do not exist.

Just go to wiki and check for "List of unaccredited institutions of higher education" and you will find atleast 100 operating from US against probably 20 odd from South Asia. So you are asking us to close our eyes and think these do not exist ?

And if "countries in S/C America do not have no-name and distance learning so called universities" is the education by the "not no-named" universities so bad that they cannot get a job which will sponsor for H1 ? Just in case you do not know, H1 is not only for IT or outsourcing. Your "sooper talented" brethren should have no problem getting an H1 to work in NASA for example . Hope you know that there is a sizeable Asian population working in NASA and they did not some through DV.

What happened to yoru earlier argument -- only wealthy people can come to this country -- F1 - H1 route. Did you learn the truth that a large number of H1 never attended US school ?

Resume padding --- how many ? It is probably less than 1% of those coming through H1. Remember, a large portion of H1 is used by big companies including MSFT and ORCL. Every big company, including those from Asia, has a very strong background verification process.

The cat is finally out of bag --- you are NOT a US born citizen -- probably one who came through DV ... or worse .....

[Desi Dude]

UNTRUE. People on DV are NOT unskilled; they are not generally claiming to be in IT which is the skillset desired by the consulting and outsourcing companies. People from many Asian countries are educated in English. This is also the case in some Eastern European countries but not so in Central and South America. These countries do not also have the no-name and distance learning so called universities that people are using as their H-1B qualifications. There is also not the resume padding that is rampant in certain cultures.

So whats your point? Just because they don't teach English in their schools, they should be given special treatment by US and US taxpayers? Life is not fair dude. You really wanna make life fair, start with Hollywood celebrities, Paris Hilton, Prince William....they should all start from the same platform as we all do right?

All of us started on different platforms and we made it. This is life. Get used to it.

[randb]

First, stop using quotes. You're assuming that I'm talking about myself here, which I'm not. I've posted here about my recent H1b stamping experiences. Unless you think that I'm spending a lot of time convincing random people online that I'm legal by posting fake H1b experiences, once in 2009 and again last year, let's go with the assumption that I really am legal and that I am really talking about a friend.

I think my friend really cares about your opinion of him, so I will be sure to let him know that you think he is a fraud. Your scare tactics are useless and you rub off as a very selfish guy. I have to wait in line too (he will probably get his GC when I get mine although I followed all the rules), but you don't see me throwing a fit? And, I thought those rednecks living in the backwaters of Alabama were a concern. With immigrants like you, who needs to worry about those rednecks?

Unless he commits a serious crime, he doesnt have to worry about getting deported. We knows the laws too!

Oh BTW, if you really really want to take it that far, you're an illegal too, just like every non-native American living in the country.

You can tell "your friend" that he is a fraud and a criminal, and that he needs to be prepared to be caught, detained, prosecuted, and deported with a lifetime entry ban -- and he only has himself to blame for his willful fraudulent and illegal actions. Even if legislation lets him get away with so egregiously abusing the immigration system, he will never be an honorable or honest person.

For a third of my life I have dealt with all the extra effort and hassle it takes to maintain my and my family's legal status in the U.S., including having my son 'age-out' part way through his Bachelors degree, having to change his visa, and losing his ability to get derivative permanent residency, e.g. losing his place in line. Do not look for sympathy or understanding.

[Guest Noah Lotte]

why are you interested in helping somebody who violated the trust of the United States of America?

[Guest Noah Lotte]

dear randb...before passing judgement on all of us who are, according to your own totally innaccurate geneology work, 'non-natives'..the fact remains that myself, and other concerned American citizens do not appreciate visa cheats...nor those who help them. This is MY country, not yours. If your country was so wonderful in every way, why are you taking up space in mine studying basket weaving or whatever, with the eventual goal of remaining here? There is something wrong with your convoluted logic....but...as a veteran of this country, I have fought for the US of A...have you? You have no ground to besmirch any citizen of the United States of America...

[rahul412]

You have no ground to besmirch any citizen of the United States of America...you are only here because we gave you permission to be here....

That's 100% correct.

They are here because US gave them permission. But your army is in other countries against that countries permissions. And now as a VETERAN, you should be knowing MORE than me about this.

[Desi Dude]

dear randb...before passing judgement on all of us who are, according to your own totally innaccurate geneology work, 'non-natives'..the fact remains that myself, and other concerned American citizens do not appreciate visa cheats...nor those who help them. This is MY country, not yours. If your country was so wonderful in every way, why are you taking up space in mine studying basket weaving or whatever, with the eventual goal of remaining here? There is something wrong with your convoluted logic....but...as a veteran of this country, I have fought for the US of A...have you? You have no ground to besmirch any citizen of the United States of America...you are only here because we gave you permission to be here...

Well Said !! However I must say, since the US Government is hell bent upon getting people in no matter how, why and where they came from, your statements are irrelevant. They wanna keep the DV, make illegals legal, increase visas for legals, create more visa categories and guest worker program, give GC to any STEM student who might enroll just to get GC.