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Green card interviews end in handcuffs for spouses of U.S. citizens

nytimes.com

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Re: Green card interviews end in handcuffs for spouses of U.S. citizens

#2
A note that it's easy to "overstay" a visa when waiting for a green card interview - the wait times are often in the 6-16 month range, and if you leave the country you'll be considered to have abandoned your "petition to adjust status". It's a catch-22, and it looks like the only recourse is for an immigration lawyer to file a habeas corpus petition in federal court.

Re: Green card interviews end in handcuffs for spouses of U.S. citizens

#4
post #2

A note that it's easy to "overstay" a visa when waiting for a green card interview - the wait times are often in the 6-16 month range, and if you leave the country you'll be considered to have abandoned your "petition to adjust status". It's a catch-22, and it looks like the only recourse is for an immigration lawyer to file a habeas corpus petition in federal court.

I remember reading that depending on which country you’re from, the waiting time can be years or even decades. Is that true? If so that’s crazy and cruel.

Re: Green card interviews end in handcuffs for spouses of U.S. citizens

#5
post #2

A note that it's easy to "overstay" a visa when waiting for a green card interview - the wait times are often in the 6-16 month range, and if you leave the country you'll be considered to have abandoned your "petition to adjust status". It's a catch-22, and it looks like the only recourse is for an immigration lawyer to file a habeas corpus petition in federal court.

This happened to someone I know. He was working on a TN visa, had his green card approved, and was waiting for an interview. He was not allowed to leave the country, but he lost his job, and had to leave the country because of the 60 days grace period of the visa. Because he left, he lost his green card application.

You both:

1. Can't leave the country because of immigration laws.

2. Have to leave the country because of immigration laws.

Re: Green card interviews end in handcuffs for spouses of U.S. citizens

#7

Truly brave feat of public service getting those criminals off the street.

Friendly reminder that it's often not possible to differentiate snark or sarcasm from cruel indifference towards fellow human beings on Hacker News.

Re: Green card interviews end in handcuffs for spouses of U.S. citizens

#9
post #2

A note that it's easy to "overstay" a visa when waiting for a green card interview - the wait times are often in the 6-16 month range, and if you leave the country you'll be considered to have abandoned your "petition to adjust status". It's a catch-22, and it looks like the only recourse is for an immigration lawyer to file a habeas corpus petition in federal court.

This happened to someone I know. He was working on a TN visa, had his green card approved, and was waiting for an interview. He was not allowed to leave the country, but he lost his job, and had to leave the country because of the 60 days grace period of the visa. Because he left, he lost his green card application. You both: 1. Can't leave the country because of immigration laws. 2. Have to leave the country because…

A TN visa is explicitly a "non-immigrant visa", there isn't supposed to be a pathway to permanent residency.

It's still possible to through an adjustment of status but the hoops around not leaving the country are much more awkward.

Because permanent immigration is not the intent of a TN visa, it's a loophole.

Re: Green card interviews end in handcuffs for spouses of U.S. citizens

#10

Truly brave feat of public service getting those criminals off the street.

Friendly reminder that it's often not possible to differentiate snark or sarcasm from cruel indifference towards fellow human beings on Hacker News.

Obviously sarcasm
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