Immigration bureaucracy lands legal residents in detention

(09/17/10) One wrinkle in the immigration picture has been particularly difficult for foreign students and professionals working in the U.S.

There are two agencies within Homeland Security that handle visas. The one that issues them is U.S. Citizenship and Immigration Services. It says a foreign national may reapply or change a visa status "in a timely manner" before its expiration date. The visa itself may take weeks or months to process. The U.S. Border Patrol however, only looks at the expiration date.

If a person's visa has expired, that person is subject to detention. Immigration lawyer Hilary Fraser of Ithaca has defended clients caught between these two interpretations of the law. She told David Sommerstein one was a Filipino national living in Watertown.