3 ms·

There are several issues with her story that make me much less sympathetic to her 1. She thinks about herself as some special snowflake and thinks that denying

by smm2000 12y ago

There are several issues with her story that make me much less sympathetic to her 1. She thinks about herself as some special snowflake and thinks that denying her entry to US for one year is a huge loss to US. It's not. She is not special snowflake and denying her entry is not a loss. The country will be fine without her. 2. Entry and right to work in US is privilege and not a right. I can stop inviting to my dinner party without any explanation and the same way US can deny you entry at any time unless you are citizen (and to lesser extent green card holder). 3. She was living dangerously. She spent last 7 years in and out of US on tourist visas. Officer was absolute right that she was abusing the system. US system is built on discretion. On B1/B2 visa at airport you are automatically granted right to live in US for six month but USCIS does not expect you to do it. Anything over one month is suspicious. 4. She applied for work visa but it did not get through. At that moment she looses key assumption for B1/B2 visa - she has no intention to live in US. The moment she applied for work visa she manifested desire to live in US which means that could not be granted B1/B2. 5. Social entrepreneur and organizing hackathons sounds like work. You could not work on visitor visa. 6. Where did she get money to live in US for 7 years? This is legitimate question if she lived on visitor visa. PS. I think immigration system in US is borked but this is example where it worked as it is expected to work.

jlees 12y ago
How do you know which visas she had, or if she was on a visitor visa? She doesn't mention the specifics in the article, nor does she say that she applied for a work visa and was denied. (She is still waiting for a decision on her current work visa application due to a filing mistake.)
- smm2000 12y ago
  It's pretty easy to figure out looking at her LinkedIn and story. She was on F1/J1 visa to study English for two years (2009-2010) and then attended Foothill College (2010-2012). I am surprised that they allowed her to go to community college when she already had B.A. for University of Bogota. I was told that this loophole was closed. I have several friends who used ESL courses and community colleges to maintain legal status in US. Usually you pay around 1k/month in tuition and it gives you legal status. Sometimes attendance is required and sometimes attendance is more or less optional. She said in story that she had four different visas - probably mix of F1/J1/B1 visas. The only work visa she can reasonably qualify for is H1B and I am not sure what decision she is waiting for - FY2014 started 10 month ago and FY2015 starts only in October. If you look at her LinkedIn she clearly worked while in US so she broke visa rules even if she was not paid (you could not even legally volunteer while on F1/J1/B1 visa if somebody can reasonably pay for that work to US citizen). CBP officers have internet and they can certainly search FB/LinkedIn too. Unless she is wealthy enough to live 7 years in US without any income, she clearly made money somewhere. It's dangerous to built your life on those types of visas if you do not have clear end game (marriage to USC or work visa). She played the system and she lost. I am immigrant myself and I was very careful not to have long term plans in US before I got green card because I understood that I may have to move back to my home country at any moment with only 30 day notice.
  - cscurmudgeon 12y ago
    Nice catch. There might more to the story here. E.g. http://en.wikipedia.org/wiki/Foothill_College#Controversy http://en.wikipedia.org/wiki/Foothill_College#Controversy
  - jlees 12y ago
    That's fair. Your original comment would have read better if you had mentioned any of this supporting evidence initially. I could have done the same homework myself, but I felt no need to. In my opinion her visa situation is her business and although we can make assumptions, we also don't know the exact details. To me, starting from the point of view that she was in the wrong and drawing on evidence to support that assumption is a form of victim-blaming that doesn't help further the overall agenda -- immigration reform is desperately needed. Unless as an immigrant who successfully got through the system, one feels others must, in turn, dutifully pay their way. I don't feel this way, but I had an unusually easy immigration experience by all accounts.

by smm2000 12y ago

jlees 12y ago

How do you know which visas she had, or if she was on a visitor visa? She doesn't mention the specifics in the article, nor does she say that she applied for a work visa and was denied. (She is still waiting for a decision on her current work visa application due to a filing mistake.)

smm2000 12y ago
It's pretty easy to figure out looking at her LinkedIn and story. She was on F1/J1 visa to study English for two years (2009-2010) and then attended Foothill College (2010-2012). I am surprised that they allowed her to go to community college when she already had B.A. for University of Bogota. I was told that this loophole was closed. I have several friends who used ESL courses and community colleges to maintain legal status in US. Usually you pay around 1k/month in tuition and it gives you legal status. Sometimes attendance is required and sometimes attendance is more or less optional. She said in story that she had four different visas - probably mix of F1/J1/B1 visas. The only work visa she can reasonably qualify for is H1B and I am not sure what decision she is waiting for - FY2014 started 10 month ago and FY2015 starts only in October. If you look at her LinkedIn she clearly worked while in US so she broke visa rules even if she was not paid (you could not even legally volunteer while on F1/J1/B1 visa if somebody can reasonably pay for that work to US citizen). CBP officers have internet and they can certainly search FB/LinkedIn too. Unless she is wealthy enough to live 7 years in US without any income, she clearly made money somewhere. It's dangerous to built your life on those types of visas if you do not have clear end game (marriage to USC or work visa). She played the system and she lost. I am immigrant myself and I was very careful not to have long term plans in US before I got green card because I understood that I may have to move back to my home country at any moment with only 30 day notice.
- cscurmudgeon 12y ago
  Nice catch. There might more to the story here. E.g. http://en.wikipedia.org/wiki/Foothill_College#Controversy http://en.wikipedia.org/wiki/Foothill_College#Controversy
- jlees 12y ago
  That's fair. Your original comment would have read better if you had mentioned any of this supporting evidence initially. I could have done the same homework myself, but I felt no need to. In my opinion her visa situation is her business and although we can make assumptions, we also don't know the exact details. To me, starting from the point of view that she was in the wrong and drawing on evidence to support that assumption is a form of victim-blaming that doesn't help further the overall agenda -- immigration reform is desperately needed. Unless as an immigrant who successfully got through the system, one feels others must, in turn, dutifully pay their way. I don't feel this way, but I had an unusually easy immigration experience by all accounts.