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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

#41

Post by nutjob2 »

wesleyd wrote: post #23

When I renewed my H1B visa (I think after three years), I had to leave the US to do it. I couldn't renew it from inside. The permission to work got renewed just fine - I could just keep on working for another three years - but if I left after the first visa expired, and wanted to come back, I would need a new _visa_ (thing stuck into my passport) to come back, and I could only apply for that while outside the country…

This is just Trump trying to torture immigrants likely due to the psychopath Steven Miller.

In general the law applies equally to everyone associated with the US in any respect so you get due process (in theory) regardless. Specific laws may apply to different classes of people though (see 'enemy combatants').

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

#42

Post by arrowleaf »

commandlinefan wrote: post #32
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.

Only after losing in court, time and time again. This will take expensive lawyers and a lot of heartache to get any clear answers.

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

#43

Post by daft_pink »

freediddy wrote: post #30

All this means is that I485 is no longer allowed and everyone needs to do Consular processing. It doesn't mean that Green Cards are no longer being processed. I did consular processing when I got my Green Card. It's the FINAL step fo the GC process. You don't need to be outside the US for all the other stages, in fact I think if you leave during some parts, it would be considered abandoning your application. It just…

I think in specific visa circumstances, an i485 will still be required such as K1 visa which is granted outside the country and then by nature of a K1 visa, adjustment to green card must happen within the United States.

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

#44

Post by cozzyd »

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…

I wonder how this would have applied to Melania

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

#45

Post by charcircuit »

mothballed wrote: post #36
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…

>who was already determined to be admissible to the US

If that was true why even go through a whole process. To me it sounds like there is still an approval required meaning the person is not determined to be admissible yet.

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

#46

Post by daft_pink »

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…

I think if you enter on a B1/B2 tourist visa, you should not be allowed to adjust status to a green card except in extraordinary circumstances. I’m not so sure about other non-immigrant visas.

K1 will obviously be an exception as substantial steps are generally taken at a home consulate.

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

#47

Post by freediddy »

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.

You don't know what you're talking about. This is the very last stage of the GC process. Before everyone had the choice to do AOS or CP. I personally chose CP. Now there's only the choice of CP. But nothing else has changed. It means you need to fly back to your home country for a few days for the interview and then you get your GC on the spot.

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

#48

Post by arrowleaf »

freediddy wrote: post #35
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.

What is the typical wait time for appointments when going to consular processing route? My brief searches say anywhere from 2-9 months. 60-90 day NVC review phase, 60-120 day interview scheduling, and then 1-2 weeks once you have the interview. Are you saying that the 120-210 day wait time can happen while you're still in the US?

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

#49

Post by 0xy »

BrokenCogs wrote: post #40
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.

Only if they do not maintain lawful status, which is what the law says anyway. In fact, it specifically mentions this: "USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status"

https://www.uscis.gov/sites/default/files/document/memos/PM-...

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

#50

Post by nutjob2 »

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.

[flagged]
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