I recently learned second hand about someone who is trying to overstay his visa. Am I required to do something about it? Does it have any impact on the clearance process?
Iâm not a legal expert, and you shouldnât take this as legal advice. Rather, this is just what I can gather from google searches and common sense.
Technically, having knowledge of a federal crime and failing to report it is called âmisprision of a felonyâ, and is a crime in itself. This sounds like it is difficult to prosecute because a prosecutor would first need to prove the felony occurred (which is a separate case), and then show that you had knowledge of it occurring and chose not to report it. Common sense would suggest that your chances of being charged with this crime are low unless the person is very close to you (e.g. significant other) and the person is found guilty.
Ethically, I think you should report, but only if you are sure that they are overstaying their visa. If it is totally secondhand, you might be wading into a pool of muck for little gain. It is not your duty to investigate every federal crime that is mentioned to you.
It depends. From reading your post, it doesnât seem like the visa holder IS overstaying. Rather, he is contemplating/trying. Trying is not the same thing as doing.
How did you learn of this information? Did the visa holder tell you that himself or did you learn this from other than the visa holder? If the former, did you verify the information? If so, you have may have a legal obligation to report this not only as a clearance holder but also as a US citizen/resident.
Unless you have solid âevidence,â I would deem this as a rumor⌠through it is not actionable. Is this information reportable to a security officer? huh, I donât think soâŚWill it have impact? I donât think so.
Without being offensive or offending anyone, I think a good advice will be: stay in your lane.
Hearsay is the legalese term for rumor.
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Itâs not hearsay! I was informed by someone that XYZ are trying to figure out ways to help someone stay. The informant who is part of this too!
So you were told this information by someone other that the person wanting to overstay their visa?
What is an example of hearsay? (from www.legaldictionary.net)
âHearsay Evidence. January 17, 2015 by: Content Team One comment. The term â hearsay â refers to an out-of-court statement made by someone other than the witness reporting it. For example , while testifying in Johnâs murder trial, Anthony states that Johnâs best friend told him that John had killed the victim.Jan 17, 2015â
Someone asked me on his behalf.
Were you asked to help this person in any way? If so, you need to report it. Itâs not likely that anything will come of the report.
Were you asked to help this person in any way? If so, you need to report it. Itâs not likely that anything will come of the report.
Your walking on thin ice here buddy, who asked you what on his behalf?