The Fat Lady, Stowaways, and Alien Smugglers

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“It ain’t over till the fat lady sings…”  The opera expression widely used in sports has taken on a whole new relevance in the immigration world.  No longer are government agencies approving applications and deferring to previously-approved applications or adjudications. Rather, they are reopening past applications – from 3, 5, 10, 15, 20 years ago – searching for misrepresentations, inconsistencies, and loose ends to thwart applications for visas, changes to status, and adjustment of status. You are so close to getting that long-desired visa or green card, but the “fat lady” – in these cases, USCIS and the State Department consular posts – doesn’t want the “opera” to end. The boundaries are unlimited. Even relatively obscure provisions of immigration law, such as the “stowaway” provision, are being invoked more and more.  A stowaway is someone who obtains transportation without consent and through concealment.  Anyone who enters the US by a…

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