PILMAN
Member
This question is in regards to my father in law.
To provide some background story, my father in law is a Colombian citizen, he has a tourist visa (nonimmigrant). My wife is a naturalized American Citizen, I am a born American Citizen.
I am not a lawyer, however I am aware that the federal law prohibits a person on a nonimmigrant visa from purchasing or possessing firearms with exceptions such as having a hunting permit issued from a state and apparently the understanding is that this allows such person to rent a firearm at a range (does not make clear if it allows someone else to loan the firearm).
The specific issue is that I am not sure in my father in laws case if this would satisfy the requirements, my father in law became stuck here during COVID 19 unable to leave back to Colombia as a result of all airports preventing travel back to the country or entry. My wife advised me she spoke with someone at immigration informing from my understanding that her father could either apply for a temporary extension or an adjustment of status as she has the right to sponsor an immediate family member.
When entering the US I believe there is an I94 number that grants how long someone can remain in the US. We made sure to fill out the adjustment of status prior to any status expiring which under that assumption he would not be considered unlawful as it is a pending process that can take several months before a green card is issued.
I was reading a case (again I am not a lawyer so I cannot interpret law) and there was a similar case albeit different
https://law.justia.com/cases/federal/appellate-courts/F3/479/1153/589404/
In the case it seems to mention some differences to my concerns, this person seems to have gone out of status and so I do not know if this relates.
As a result, I have not allowed my father in law to handle any of my firearms until we resolve the issue which has created some frustration from friends/family that I am being overly strict, I have spoke with a lawyer who advised me that handling of the firearms is not possession if I am present as the firearm is apparently not transferred at that point (similar to how children cannot possess a firearm but may handle one under an adults supervision).
I understand that taking advice from strangers on the internet will not resolve this but maybe some resources could help. Additionally I was surprised to hear many gun shops and ranges appear unaware of the restrictions for non immigrants admitted under a visa.
To provide some background story, my father in law is a Colombian citizen, he has a tourist visa (nonimmigrant). My wife is a naturalized American Citizen, I am a born American Citizen.
I am not a lawyer, however I am aware that the federal law prohibits a person on a nonimmigrant visa from purchasing or possessing firearms with exceptions such as having a hunting permit issued from a state and apparently the understanding is that this allows such person to rent a firearm at a range (does not make clear if it allows someone else to loan the firearm).
The specific issue is that I am not sure in my father in laws case if this would satisfy the requirements, my father in law became stuck here during COVID 19 unable to leave back to Colombia as a result of all airports preventing travel back to the country or entry. My wife advised me she spoke with someone at immigration informing from my understanding that her father could either apply for a temporary extension or an adjustment of status as she has the right to sponsor an immediate family member.
When entering the US I believe there is an I94 number that grants how long someone can remain in the US. We made sure to fill out the adjustment of status prior to any status expiring which under that assumption he would not be considered unlawful as it is a pending process that can take several months before a green card is issued.
I was reading a case (again I am not a lawyer so I cannot interpret law) and there was a similar case albeit different
https://law.justia.com/cases/federal/appellate-courts/F3/479/1153/589404/
In the case it seems to mention some differences to my concerns, this person seems to have gone out of status and so I do not know if this relates.
As a result, I have not allowed my father in law to handle any of my firearms until we resolve the issue which has created some frustration from friends/family that I am being overly strict, I have spoke with a lawyer who advised me that handling of the firearms is not possession if I am present as the firearm is apparently not transferred at that point (similar to how children cannot possess a firearm but may handle one under an adults supervision).
I understand that taking advice from strangers on the internet will not resolve this but maybe some resources could help. Additionally I was surprised to hear many gun shops and ranges appear unaware of the restrictions for non immigrants admitted under a visa.