National 4 (Spotlight Weekly)

'Many Nepalese Are Trapped In Their Own False Assumptions'

- GANDHI PANDIT

GANDHI PANDIT is well-known lawyer who has practised in New York for a couple of years. Pandit spoke to SPOTLIGHT on various issues related to the legal complications Nepalese workers face abroad. Excerpts:

Why do so many Nepalese want to go to work abroad?

There are many opportunities, relatively better salaries and peaceful atmosphere. The socio-economic situation [in Nepal] is also frustrating. Many people believe that going abroad like going to heaven, and are not aware of the difficulties once they get there.

Why are so many Nepalese working illegally in foreign countries?

Many Nepalese who are working illegally in the United States, European countries and Japan are trapped in their own false assumptions. They do not realize the legal complications of overstaying their visa. Once the legal status of the visa expires, such persons must either surrender to the immigration authority for deportation or remain hiding. In some countries, once an individual loses legal status, he or she has to sacrifice
everything.

Why aren't they concerned about their legal status?

In many cases, individuals themselves are to blame, as they want to make money when there is no possibility of getting legal status to work. In some cases, when people realize it, it is too late. In the case of the United States, where immigration laws are very liberal compared to European and East Asian countries, people believe that they will find a way for legalization within a certain period of time. In the past, the US government gave mass amnesties to illegal workers and provided them legal status to work.

What is the legal fate of individuals deported from other countries?

Different countries have different regulations regarding such person. After deportation, most of the countries place hard restrictions on granting re-entry to such individuals. In the United States, such person may be barred from getting a visa for ten years. Because of recent tendencies among some individuals to hide in the United States after their visa expires, even genuine people are finding it difficult to get visas. Since there are legal ways of secure the visa for other purposes, people must follow the right way. Nepalese are ignorant about immigration law.

What action does our government take against Nepalese deported from other countries?

Nepal's law does not have anything to say about deportation from other countries. As long as there is no criminal act involved, such people cannot be punished in Nepal. But they cannot enter the country they have been deported from.

In cases where deportation is based on false passport and other documents, what action does the Nepalese government take?

In such situations, the individual violates two laws of two different countries. In Nepal, such people are punished according to the Nepal Passport Act. If an individual has tampered with the passport, he or will be sent to prison. However, nobody will take action unless someone files a criminal complaint.

What process should a person who is out of status follow?

When a person has overstayed his or her visa, such person can be deported in accordance with the deportation process. In Europe and Unites States, such individuals have been given certain legal rights, whereas East-Asian countries have harsher laws.