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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

#11

Post by kaashif »

TriangleEdge wrote: post #5
nxobject wrote: 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…

You're phrasing this a bit oddly. There isn't any immigration law saying he cannot leave the country.

There is a law saying that if you leave the country you abandon your green card application.

Combined with losing his visa and having to leave the country, this just means that the law says if you lose your visa, you lose your green card application too.

But you can always legally leave the country forever.

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

#12

Post by mcphage »

aaronbrethorst wrote: post #7
Gabriel_Martin wrote: post #6

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.

Sometimes yes, but I think in this case the angry sarcasm is clear.

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

#13

Post by poplarsol »

TriangleEdge wrote: post #5
nxobject wrote: 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…

You absolutely can leave the country. You just aren't entitled to permanent residency as a result.

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

#14

Post by someperson »

SilverElfin wrote: post #4
nxobject wrote: 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.

Country of birth does determine the "priority date" waiting list. Specifically for Philippines, Mexico, India and China. Due to demand. Everyone else is in the rest of the world bucket.

For those countries (especially India) the wait can be more than a decade.

Moving to a points based immigration system without country of birth consideration may one day happen.

Depending on what contributes to points it would encourage better English language abilities and skill sets from immigrants (eg winners being China and India, losers being Mexico)

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

#17

Post by quadrium »

nxobject wrote: 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.

It's required to overstay, and for the case of student visas, you must abandon the visa when petitioning to adjust status. The terms of the student visa are that you cannot have immigration intentions.

When this happens, you're present without a visa, but it's not illegal. You're on a "stay authorized by the attorney general".

I'm not sure if that has changed, but the " authorized stay" thing is the defense to being present without a visa.

It does make a lot of paperwork more difficult, like getting a drivers license, when as you can't prove status.

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

#18

Post by JuniperMesos »

SilverElfin wrote: post #4
nxobject wrote: 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.

Only if you think it is crazy and cruel to disallow someone from another country to become a legal resident and then eventually a citizen of the US.

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

#19

Post by aikinai »

As an American with a foreign-spouse who went through the green card application long before Trump, these stories are heart-breaking but also what I expected. I guess these couples and lawyers were just counting on lax enforcement? But this was never allowed.

The article is very light on details, but implies all of these spouses travelled to the US on a visa waiver (or similar) and then applied for a green card. Entering the US on most visas includes the assertion that you have no intent to immigrate. If you happen to already be in the US when you fall in love, get married, and apply to stay, that's when you're allowed to overstay during your pending application.

As far as I can tell from the article, it appears all of these people committed immigration fraud by entering on non-immigrant visas with clear intent to immigrate. Given that they're almost certainly upstanding people who intended to do the right thing, I think they could safely be asked to leave and apply correctly without the forceful detention, but they are technically in the wrong. What they did is specifically something I knew not to do and went through great pains to avoid.

The immigration processes for legitimate foreign spouses are Kafkaesque and absolutely need to be overhauled. It shouldn't be easier to come in illegally than through legitimate marriage. But in the meantime, people also can't circumvent the existing laws and then act flabbergasted when called on it.

I really do feel terrible for these couples caught up in it, especially since it seems their lawyers misled them.

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