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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

#71

Post by esalman »

daft_pink wrote: post #46
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.

What if you obtain a B2 visa to attend a conference in the US, and a year later receive and employment opportunity?

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

#72

Post by xpl »

aborsy wrote: post #67

One issue (apparently a feature) that may arise is that, if application is rejected in consular proceeding, the applicant is locked out from usa. AFAIK, if someone applies for an immigration visa in usa, they will not be able to obtain non-immigration visas in the future. A refused green card application might be the end of being ever in usa. The person may have to truely exit USA since there may be no way back (clos…

> they will not be able to obtain non-immigration visas in the future

Why? Aren't L1 and H1B "dual intent" visas?

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

#73

Post by aborsy »

xpl wrote: post #72
aborsy wrote: post #67

One issue (apparently a feature) that may arise is that, if application is rejected in consular proceeding, the applicant is locked out from usa. AFAIK, if someone applies for an immigration visa in usa, they will not be able to obtain non-immigration visas in the future. A refused green card application might be the end of being ever in usa. The person may have to truely exit USA since there may be no way back (clos…

> they will not be able to obtain non-immigration visas in the future Why? Aren't L1 and H1B "dual intent" visas?

I should have been more precise, yes. But the majority of non-immigrant visas are single intent. H1B requires 100K and if you can’t first enter to see people and attend interviews, chances seem slim in these circumstances, if H1B program is not altogether scrapped.

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

#74

Post by enraged_camel »

freediddy wrote: post #47
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.

>> You don't know what you're talking about.

I can assure you I am intimately familiar with the entire process.

>> 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.

Not necessarily. That's the best and most optimistic scenario. I know of people who have waited weeks, even months. It depends on a lot of factors. And now there will be a lot more people booking interviews at every consulate so expect wait times to skyrocket.

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

#75

Post by throwaway219450 »

aborsy wrote: post #67

One issue (apparently a feature) that may arise is that, if application is rejected in consular proceeding, the applicant is locked out from usa. AFAIK, if someone applies for an immigration visa in usa, they will not be able to obtain non-immigration visas in the future. A refused green card application might be the end of being ever in usa. The person may have to truely exit USA since there may be no way back (clos…

The end result is the same though. If your application is rejected in the US, you could stay while you appeal, but if you're ultimately rejected then you have no choice but to re-apply through consular processing anyway once your status runs out. Good if you have a job in the US, but you're kicking the can down the road.

> A refused green card application might be the end of being ever in usa.

Do you have evidence for your other claim? The main thing you need to prove for a non immigrant visa or VWP is that you won't overstay or have intent to immigrate at the time of application and upon entry. Otherwise it's up to the consular officer like usual. You would need to declare the refusal/denial of course.

What will get you denied is "inadmissibility" if you don't submit a waiver. If you're inadmissible that usually means some serious violation and you've got other problems.

As far as I know, people have been successful in re-applying for EB green cards after being rejected when they've assembled a better packet.

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

#77

Post by jleyank »

sleepyguy wrote: post #76

So if someone is here in the US on an H1B and they want to become a permanent Resident/ Green Card holder, they will have to go back to their country of origin to apply? Otherwise they just stay on their H1B VISA and work. Is that right?

Aren’t h1b’s time limited? 1-2 renewals?

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

#78

Post by rorylawless »

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…

Slight correction here. It is fraud if you intend to stay after getting married. Nobody cares if you get married on a tourist visa and leave the country after.

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

#80

Post by rayiner »

The U.S. doesn’t have a real statutory pathway to permanent residency for skilled immigrants. The current H1B to Green Card pipeline is built on a legal fiction papered over a visa program that was the word “non-immigrant intent” written all over the statute.

Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”

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