A close friend has an friend from Romania who is in the U.S. on a
non-work visa (he's here on an athletic visa).  I met this person more
than a few times and he's a great person, which is why I want to help
him if I can.  He very recently received information from INS that he
must go back to Romania in a week.  His immigration lawyer told him
there might be a case to make if the lawyers can gather all of the
sports articles that have been written about him in less than a week
(I don't know what immigration laws the lawyer was thinking about, and
the price for the lawyers would be extremely hefty with the outcome
uncertain).  I understand he started crying because he knows he will
not be able to return to the U.S. if he's deported (he had a nearly
impossible time getting out of Romania the first time, but now since
they're cracking down there will be no way he'll be able to return).
Please help me and this person by offering ways that this individual
might be able to stay in the country.  He is desparate and would do
anything!  Please don't simply point me to INS pages, but rather,
mention any unorthodox loopholes or otherwise expedient /
unconventional measures that might give this person a chance to remain
in this country.  Thanks so much in advance!


-joe

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Request for Question Clarification by kinglouie-ga on 10 Jul 2002 03:08 PDT

Unfortunately the only legal way for your friend to stay in the US is
by meeting INS law. The INS itself is the most authoritative source of
information on immigration law. There are “loopholes” within the law,
which may be helpful. I can direct you to these loopholes but they are
found on INS sites, which you excluded as acceptable sources of
information. If you will accept these sources I think that you will
find very useful answers.

Respectfully,
Kinglouie

Hi rook-ga,

Your Romanian friend's reaction to the thought of returning to Romania
suggests that seeking political asylum may be a viable option.  If he
cries at the thought of returning, it's very possible that he may
reach the definition of refugee for 'well-founded fear of future
prosecution.'  Perhaps being an athlete in Romania may result in
unwelcome government pressure to train?  More information on exactly
who qualifies as a refugee can be found at the following site:
"Political Asylum", Sacks & Kolken Immigration Lawyers
http://www.sackskolken.com/green_card/asylum.html

Applying for political asylum is a complicated process, but your
friend shouldn't be sent back to Romania while this process is
occurring.  To learn more, check out this summary:
"The Asylum Process In The United States", Boston Center for Refugee
Health and Human Rights
http://dcc2.bumc.bu.edu/refugees/asylum.htm

If your friend decides to look into pursuing refugee status, it may be
a good idea to contact the United Nations High Commissioner for
Refugees (UNHCR), which can be reached in Washington, DC at (202)
296-5191.  This and other in-depth information is provided by the DOJ:
"How Do I Apply for Resettlement in the United States as a Refugee?",
U.S. Department of Justice
http://www.ins.usdoj.gov/graphics/howdoi/refapp.htm 

Getting an employer to sponsor you, entering a green card lottery, and
the Hollywood favorite of marrying a U.S. citizen are all explained in
this article:
"SoYouWanna get a green card?", SoYouWanna.com
http://www.soyouwanna.com/site/syws/greencard/greencardFULL.html

Also, there are quite a few books on the topic of immigrating to the
United States.  Someone who claims to have been through the process 3
times has posted his reccomendations:
"US Immigration resources", David R. Stockwell
http://www.geocities.com/CapeCanaveral/Hangar/8802/immigration.html

Best of luck, and feel free to request any clarifications.  If you
don't mind, please let us know how this is resolved: I'm very hopeful
that your friend is allowed to stay and curious to know how this turns
out.

Hoping I was helpful,
not_you-ga

I am not a Google Researcher, but I am posting the following link
because it might provide a Researcher with a place to start. It is the
website of a law firm specializing in immigration law, and this
particular page talks about the requirements for O an P visas, which
is what I think you mean when you say he has an athletic visa.

http://www.micalelaw.com/practice_areas/visas/athletic.html

According to the site,  "To qualify for O visa status, a foreign
visitor must demonstrate and give proof of sustained national or
international acclaim and recognition for achievements in his or her
field of expertise. The length of time varies for a foreigner's stay
under an O visa. A visit to the U.S. with an O visa depends on the
amount of time a person needs to complete an event, performance,
scientific project, conference, convention, lecture series, tour,
exhibit, business project, academic year, sports season or
engagement... The P visa category ... is for foreign athletes,
individuals and members of teams, who participate at an
'internationally competitive' level. The P visa category includes
entertainers who have achieved international acknowledgment for a
'sustained and substantial period of time.'"

If you want to find all the articles written about him, I think the
easiest way to do it would be to go to a library--preferably a college
or university library, as they have more databases--and do a search on
his name in databases like SIRS or NewsBank. They should turn up any
newspaper or magazine articles that mention him. At some colleges, you
have to be a student to use these resources, but often the computers
are open to the public.

I would be willing to help you with collecting articles if we had a
way to get me his name without violating his privacy or Google's Terms
of Service. Does anyone reading this have ideas on how to do this?

Where in the US is your friend currently located?

Canada tends to have looser immigration policies and has fairly broad
criteria for refugee status.

If you friend is near the Canadian border, or has the means to travel
to Canada, he may have the option of either immigrating there instead
of the US or staying there temporarily while he deals with his US
immigration issues rather than return to Romania.