Predicting visa overstayers in the EU using AI

Sep 03, 2020

This article was written by Attorney Marco Mazzeschi and Michelangiolo Mazzeschi for Global AI Hub, published on August 25 2020.

Overstayers outnumber illegal migrants

Immigrants, who enter United States legally on student, tourist, or work visas and then stay past their visa’s expiration date have outnumbered border crossings by a ratio of about 2 to 1 (K. Calamur, 2019). Elsewhere, the issue is even more pronounced. Most people who are in Britain illegally, for example, entered legally and simply stayed on after their visa expired (B. Vollmer, 2011).

Systematic identification of people ‘overstaying’ in the Schengen area is one of its major challenges and is primarily facilitated by the absence of any system for recording entry/exit movements in Europe (European Commission). European countries are still not able to fully account for the flows of non-EU individuals who entered the EU legally and extended their stay without obtaining the necessary permits.

The Schengen Borders Code has no provisions on the recording of cross-border movements. The current procedure requires only that passports be stamped with dates of entry and exit. This is the sole method available to border guards or national Police when calculating whether a right to stay has been exceeded.

Is there a way to use AI for profiling immigrants? Can this be done in way to avoid discrimination against persons on the grounds of sex, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation?


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Attorney at law. One of the leading corporate immigration lawyers in Italy. Admitted to the Milan Bar Association (1988) and to the Taipei Bar Association (2016), a member of the American Immigration Lawyers Association (AILA) and an accredited partner of Invest in Tuscany. Schedule a consultation call

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