Black Immigrant Daily News

Check out this weekly feature for practical tips and information on living in, working, studying, and visiting the USA.

Many people visit the US on visitor’s (tourist) visas, which are officially called the B1/B2 visa.

Every visitor gets one of a range of timeframes for the visa – a single entry, a one-year multiple entry, a five-year multiple entry, or a 10-year multiple entry. But, many don’t realise that the visa has specific legal requirements that holders must follow.

The most important requirement of the visitor’s visa is that visitors are prohibited from working in the USA.

The visa is to allow individuals to visit friends and family and experience the US as a tourist and then to return home at the end of the visit. So, usually, the visit would range from a few days to a longer time frame.

When visitors land in the USA, their passports are stamped with a time frame, the maximum time is six months. For the past few years, the border officers are not stamping the passport, but they are entering that six-month time frame into their database.

So, even if nothing is in the passport, it is in their electronic database.

Unfortunately, many persons breach the requirements of the visitor’s visa in several ways. The most common breach is by working.

Working is not allowed in any form on a visitor’s visa, so it doesn’t matter if the work is housesitting in exchange for free accommodations and so no actual money is being exchanged, or if the work is in a place where a pay cheque is given.

So, people find all sorts of employment and begin to work, usually what is called “working under the table”, as they are not legally allowed to work and are, therefore, paid, usually in cash.

If they had a social security number from a long time ago (eg for school) they might use that to help to get a job. If US immigration officers do an audit visit of the workplace and persons do not have legal authorisation to work, they will be in breach and deported. The employers also face hefty fines.

Even if persons appear to get away with working illegally, they could be flagged and extensively questioned when leaving the country and especially when coming back, because immigration has various red flags that they look for in various scenarios.

Red flags include large sums of unexplained cash, having stayed much longer than the original time told to border immigration officers, regularly coming to the USA in a short period of time and claiming to be on vacation, and online communication showing a clear intention of plans for working or actually previously working.

Persons may be questioned extensively and rigorously and sometimes admit that they were working. In those cases, they are often put back on the next plane home and their visitors’ visas are immediately revoked.

Another breach is that persons stay longer than the maximum time of six months allowed because they hold a visa that says, for example, “one-year multiple entry, five-year multiple entry or 10-year multiple entry”. People incorrectly think it allows remaining over six months because the visa page has this notation. That is incorrect, but many people don’t seem to know.

They end up being “visa overstays” or as Caribbean people say “they run off”.

They then run the risk of being deported from the USA if found, as well as being barred from re-entry for a long period if they do leave and try to return to the USA. These persons are also viewed negatively by the US immigration authorities if they try to apply for other US immigration benefits later on, so it makes sense to be very careful.

Visit and have fun, enjoying friends, family and the scenes, sights and sounds of the USA on your visitor’s visa and return home when your visit is over.

*This article does not constitute legal advice and is intended for informational purposes only.

Nadine C Atkinson-Flowers is admitted to practice in the USA and Jamaica. Her US practice is in the area of immigration, while her Jamaican practice areas include immigration and general legal consultancy. She has been an attorney for over 15 years in Jamaica and has written articles for several legal publications. She is passionate about access to justice issues and volunteers with several legal, business, children and community service organisations in Jamaica and the US. She can be contacted at info@atkinsonflowerslaw.com

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A trois jours des élections américaines de mi-mandat, démocrates et républicains mettent les bouchées doubles pour mobiliser les électeurs, allant jusqu’à convoquer samedi dans un même Etat clé deux anciens…

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A two-week gun amnesty is to take effect on Saturday, November 5 following the approval of the Firearms (Prohibition, Restriction and Regulation) (Firearms Amnesty) Order 2022 by the Senate, on Friday, November 4.

The amnesty is slated to end at midnight on Saturday, November 19.

The Order, which will facilitate the amnesty, was moved by Minister without Portfolio in the Ministry of Economic Growth and Job Creation, Senator Matthew Samuda. It was approved by the House of Representatives on November 1.

Samuda said the amnesty is the last opportunity for those who hold or are in possession of illegal firearms or ammunition, to avoid significant prison sentences, and forms an important milestone in Jamaica’s fight against illegal guns.

He urged those possessing illegal firearms or ammunition to make full use of the amnesty.

“There is significant data… to show that members of gangs cannot be rehabilitated in three and a half years, which has been the average of many of our firearm sentences; this changes that,” the minister said.

Matthew Samuda (file photo)

“This gives us a fresh start in the war against illegal firearms. It is not a panacea, it’s not a silver bullet, it’s a part of a suite of investments, a suite of interventions (and) legislation, which must come together for us to break the back of this scourge,” Samuda added.

Breaches of the new Firearms (Prohibition, Restriction and Regulation) Act, 2022, which is now in effect, will result in penalties ranging from 15 years to life imprisonment.

The minister said once the amnesty expires, the full force of the law is expected to be applied to anyone found in possession of an illegal firearm or ammunition.

Samuda stated that firearm amnesties, such as the one that is the subject of the Order, are not unique to Jamaica, because they have been used successfully around the world as an operational tool to reduce the high levels of armed violence resulting from the proliferation of firearms and ammunition.

He further said for the last 25 years, Jamaica recorded, on average, 1,270 murders annually, the vast majority of the homicides have been committed with illegal firearms, adding that the firearm is the weapon of choice for murders and other acts of crime and armed violence in Jamaica.

The minister said since 2018, the security forces have taken more than 3,200 illegal firearms from the streets, and in excess of 53,000 rounds of ammunition. Each year, the forces have seized upwards of 625 firearms.

He added that as at October 31, 2022, a total of 652 firearms had been seized, representing an 11 per cent increase over the 585 that were recorded for the same period in 2021.

Peter Bunting (file photo)

“I want to emphasise that the aim of this measure is not to reveal the identities of the persons who comply with the amnesty. The amnesty is also intended to provide an opportunity for licence holders who are in possession of expired authorisations to surrender their weapons to the (Firearm Licensing) Authority (FLA),” he said.

The conditions for the surrender of firearms or ammunition are outlined in the Order. These may be handed over to a sub-officer or senior sub-officer on duty at any police station; any designated officer at a Firearms Licensing Authority (FLA) location; or to an attorney-at-law on behalf of an individual seeking the amnesty, for delivery to the nearest police station.

Leader of Opposition Business in the Senate, Peter Bunting, said the Opposition is in support of all efforts to tackle the issue of crime in the country, “so long as the methods employed are within the ambit of our laws and constitution.”

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The Ministry of Justice (MOJ) has issued Government of Jamaica (GoJ) email accounts to justices of the peace (JPs) to improve the public’s access to justice services.

The GoJ email addresses went live following a virtual launch recently, and thereby allows members of the public to contact JPs using the address format: firstname.lastname@jp.gov.jm.

In encouraging JPs to buy into the digital age and to not be left behind, Minister of Justice, Delroy Chuck, explained that the new email addresses will increase access to the services they offer.

“The more means of communication JPs have, the better, but more importantly, if JPs use this new email address, there will be greater communication between the ministry, custodes, JPs and the citizens of Jamaica. It will increase accessibility, as there will be one email address everyone will know,” said Chuck.

Also speaking at the launch, Minister of Science, Energy and Technology (MSET), Daryl Vaz commented on the Justice Ministry’s efforts to increase access to justice.

“This email system is directly aligned with our efforts to facilitate digital access and inclusion for a better Jamaica. The inclusion of technology into the Jamaican justice system further enhances the streamlining and digitisation of the services of the Government for effective governance, transparency and accountability – essential pillars for our advancement as a society,” said Vaz.

Additionally, Vaz highlighted the partnership with MOJ and MSET through the National Broadband Initiative that has resulted in the provision of internet connectivity in almost all parish courts across the island.

The Government Official Email Account initiative is intended to increase accessibility to, and communication with, JPs, as well as to strengthen their capacity to manage their communication to increase productivity in their functions.

Custos of St Thomas, Marcia Bennett, encouraged JPs to utilise the email services, and spoke optimistically of the expansion of services JPs will be able to offer by using the new communication tool.

“This (medium) will facilitate improved communication between justices and the people of Jamaica. JPs will now be able to reach places where some of us can’t go, and link with organisations and communities we interact with,” said Bennett.

“I encourage all JPs to log on to this new tool, as it will help to manage time, save more on resources, and propel and expand the services (that are) offered by justices of the peace,” continued Bennett.

There are over 9,000 JPs commissioned island-wide who are constituted, empowered and governed by the Justices of the Peace Act, 2018.

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