RECENTLY, a woman came to my office, after her application for an extension of stay was denied. She and her husband had entered the US on visitor’s visas, and were given 6 months. While visiting, the husband had a stroke and was hospitalized. So, they applied for an extension in order that she could take care of her husband as he underwent treatment and therapy.
This would seem like a very legitimate and compelling reason justifying an extension. However, after the request for the extension had been filed, the husband was concerned about the mounting medical expenses, and decided it was best to return to the Philippines and receive further treatment there. His wife remained in the US, awaiting the decision of her extension request.
Imagine her surprise when her extension was denied and the decision noted that although the husband had a stroke in June 2008, "USCIS records show that your husband departed the United States on September 16, 2008." She had not informed the US Citizenship and Immigration Services (USCIS) that her husband had departed and yet, the USCIS, on its own, was able to check various data bases, and pin-point the exact date that her husband departed the US So, the reason for seeking the extension (to care for her husband) became moot.
I know that there are many situations where people attempt to back-date or back-stamp their arrival in the Philippines, hoping to hide the actual amount of time that they spent in the US, making it appear that they did not overstay. Others, who are in the U.S., and still have 10 year multiple entry visas try to take "secret vacations" to the Philippines, despite being out of status, thinking their travels could be covered up by the back-stamps, avoiding the 3/10 year bar. These people somehow felt safe that they can travel without DHS detecting their arrivals or departures. However, please bear in mind that when you check-in at the airport, you are required to give the airline representative your passport. That representative then scans the bar codes on your passport, which is fed into their computer database and creates the passenger manifest. That data is then provided to the Department of Homeland Security (DHS), which includes the US Customs and Border Protection (CBP) officers at airports and other ports of entry. So, even if a person tries to back-date, (or no date) their arrivals or departures in the Philippines, DHS can still track and monitor your true travels and whereabouts.
That is why it is so important, especially for people who are in the US but out of status, that they don’t play games with themselves or their travel plans, as a departure from the US could trigger a 3/10 year bar if discovered. And, this woman’s denial clearly demonstrates how effective the DHS’ systems is in discovering your (or your family’s) travels.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein (including testimonials, "Success Stories", endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
Website: www.gurfinkel.com
Call Toll free to schedule a consultation for anywhere in the US:
(866) – GURFINKEL
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( Published on March 19, 2009 in Asian Journal Northern California p. B3 )
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