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So you saying states should exit the union?
Green card interviews end in handcuffs for spouses of U.S. citizens
21–30 of 191 posts
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#22Yeah this is a dont come to USA to set roots advert basically. It is impossible to get PR without prison time.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#23While I personally find no objection to these spouses remaining here, I don't see what is really supposed to concern me from a legal perspective. There is no right to residency of migration in general. I do agree we ought to change the law to be make it easier for spouses of citizens, but if you overstay a visa you should expect detention.
However from a moral standpoint I find the infant child separation abhorrent and think that we should generally defer to American citizen spouses as a pretty good indicator that we should show some mercy in enforcement. Moreover, the law should be changed that foreign spouses without criminal records and not taking public benefit ought to be allowed to stay and work honestly. Make it easy.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#24A 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.
As ever, the craziness and the cruelty is the point.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#25A 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.
Depends on the visa category. Family preference visas for siblings can have waiting lists in the decades. But family preference visas for spouses of citizens have no wait list. It's just the system is slow. We went through some of it long ago, her time here threw us into proximity, proximity turned to love. That meant an adjustment of status, her old visa became invalid when we applied, but you have permission to stay while such an application is being processed. A hair under 6 months from application to first interview, a hair under two years before she got conditional permanent residency. (And I think that timing was not a coincidence, they stretched it out to just below the point it wouldn't have been conditional.) I would be terrified to do that under the current administration.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#26Earlier quoted context omitted.
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.
In many circumstances - including when that person is married to a US citizen, or when they'll likely be killed on return to their country of birth - it is indeed crazy and cruel.
(In more ordinary circumstances it's merely arbitrary and unjust.)
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#27While I personally find no objection to these spouses remaining here, I don't see what is really supposed to concern me from a legal perspective. There is no right to residency of migration in general. I do agree we ought to change the law to be make it easier for spouses of citizens, but if you overstay a visa you should expect detention. However from a moral standpoint I find the infant child separation abhorrent a…
Except it's not an overstay--you're automatically in status while there is an application pending.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#28As 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. Ente…
So the right process is to request for a K1 fiancé visa which takes over a year?!
I can see why people were tempted to cut corners, especially given past tolerance…
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#29Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#30Earlier quoted context omitted.
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.
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