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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

#31

Post by ceejayoz »

grahamgooch wrote: post #26

This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people. F1 and h1 are non-immigrant visa. American law only allows a person to reside in the country with one Visa type. The green card is an immigrant visa - and the new visa is issued through an adjustment of status fo…

Why is it "nearly immediately" at a consulate but "backlogged" in the US? Why can't that be fixed?

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

#32

Post by commandlinefan »

enraged_camel wrote: post #12

This is an absurd change that will have catastrophic consequences in both academia and the private sector. Even if you're a US citizen who is "America First", you will feel the impact, and it will be net negative.

I doubt it. We've seen time and time again that what the USCIS considers "extraordinary" are actually very, very ordinary circumstances. Anybody with proof of employment will qualify.

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

#33

Post by arrowleaf »

grahamgooch wrote: post #26

This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people. F1 and h1 are non-immigrant visa. American law only allows a person to reside in the country with one Visa type. The green card is an immigrant visa - and the new visa is issued through an adjustment of status fo…

From what I've gathered, the consular route is nowhere near immediate, especially if they are from one of the countries typically backlogged (e.g. India). You're saying that someone who gets married while on F1 + OPT/STEM should leave with their partner, potentially for months if not years, while pursuing the consular route.

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

#34

Post by [deleted] »

arrowleaf wrote: post #28

Curious to know how this will affect immigrants who arrived on a student visa, receive OPT to stay while working, and then subsequently get married. I know many top performers at my company who are in that boat, especially from India, who have built lives here during their OPT + STEM. It would be a shame to lose them if they have to go back to India and wait years (if not decades) for a green card or H-1B.

[deleted]

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

#35

Post by freediddy »

arrowleaf wrote: post #28

Curious to know how this will affect immigrants who arrived on a student visa, receive OPT to stay while working, and then subsequently get married. I know many top performers at my company who are in that boat, especially from India, who have built lives here during their OPT + STEM. It would be a shame to lose them if they have to go back to India and wait years (if not decades) for a green card or H-1B.

No. This is the last stage of the Green Card process. When you do Consular processing you make an appointment at the US embassy or consulate in your country, go do the interview and then you are granted the GC on the spot. Then you fly back. You don't need to fly back for years, it's only for the purpose of the interview at the consulate.

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

#36

Post by mothballed »

ryandrake wrote: post #27

Looks like this means if a US Citizen marries someone who visited on a non-immigrant visa without the intention of getting married, the US government will now force the family apart for an unknown amount of time, potentially forever, instead of allowing the spouse to stay while the I-485 is processed. I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they g…

The reason why you allow married people to adjust status is because it's absurd to actually expect a spouse not to just break the law and harbor their illegal immigrant spouse. They are going to choose to break the law rather than kick their spouse out and have them apply from overseas. Maybe they deserve to be punished when inevitably that happens en masse, but one has to consider the societal effects of creating a bunch of criminals over what amounts to an administrative fuck-fuck game over a spouse who was already determined to be admissible to the US.

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

#37

Post by kylehotchkiss »

grahamgooch wrote: post #26

This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people. F1 and h1 are non-immigrant visa. American law only allows a person to reside in the country with one Visa type. The green card is an immigrant visa - and the new visa is issued through an adjustment of status fo…

Consulates are not nearly immediately. You have to wait months-years for appointments at some.

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

#38

Post by electronsoup »

ryandrake wrote: post #27

Looks like this means if a US Citizen marries someone who visited on a non-immigrant visa without the intention of getting married, the US government will now force the family apart for an unknown amount of time, potentially forever, instead of allowing the spouse to stay while the I-485 is processed. I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they g…

> likely not well thought out

Or it has been, and cruelty is the point

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

#39

Post by freediddy »

ceejayoz wrote: post #31
grahamgooch wrote: post #26

This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people. F1 and h1 are non-immigrant visa. American law only allows a person to reside in the country with one Visa type. The green card is an immigrant visa - and the new visa is issued through an adjustment of status fo…

Why is it "nearly immediately" at a consulate but "backlogged" in the US? Why can't that be fixed?

USCIS serializes it and they have a limited number of workers. CP shards it based on country so it will be much faster for many people.

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

#40

Post by BrokenCogs »

0xy wrote: post #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…

No, this also affects anyone under employment based immigration petitions unrelated to marrying a US citizen.
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