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Green card seekers must leave U.S. to apply, Trump administration says

nytimes.com

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Re: Green card seekers must leave U.S. to apply, Trump administration says

#11
This seems like it could have some ramifications.

Let's saying you're dating somebody on a work visa, if you wanted to marry and sponsor their residency, would they now need to return to their home country to wait for the embassy?

The embassies reviewing applications put a LOT of weight on time spent in person, BUT they also require the US applicant to have domicile. So effectively, the only way to proceed is a long-distance marriage that could take years to process a visa for (remember: move abroad, and you could lose the domicile required to sponsor the green card).

So with our shrinking birthrates, our regularly documented & growing "will never marry" population, immigration effectively cut off, what does the future of this country even look like anymore?

Re: Green card seekers must leave U.S. to apply, Trump administration says

#15

Is this intended to ensure that students and H1-Bs will not have a path to residency unless they disrupt their lives here?

Isn't this about applying for a green card directly from a non-immigrant visa, e.g. student? H1-B is an immigrant visa.

Re: Green card seekers must leave U.S. to apply, Trump administration says

#18
post #15

Is this intended to ensure that students and H1-Bs will not have a path to residency unless they disrupt their lives here?

Isn't this about applying for a green card directly from a non-immigrant visa, e.g. student? H1-B is an immigrant visa.

H1-B is defined as “non-immigrant.” https://en.wikipedia.org/wiki/H-1B_visa

Re: Green card seekers must leave U.S. to apply, Trump administration says

#19
post #15

Is this intended to ensure that students and H1-Bs will not have a path to residency unless they disrupt their lives here?

Isn't this about applying for a green card directly from a non-immigrant visa, e.g. student? H1-B is an immigrant visa.

> H1-B is an immigrant visa.

I don't believe that's correct. H1-B is formally a temporary, nonimmigrant work visa/status which permits "dual-intent" (meaning a holder can be openly seeking permanent residence when applying for [or when on] such a visa without that dual intent being immigration fraud).

Re: Green card seekers must leave U.S. to apply, Trump administration says

#20
This is to close the common loophole where people would fly into the US on an ESTA, B-2 or another temporary visa "without immigration intent" (fraud) and then marry a US Citizen and adjust status.

On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted to your plans.

The correct way to do this is to file a K-1 visa outside the United States, or marry outside then file a IR-1/CR-1.

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