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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

#92

I was under the impression that this is roughly how it works (assume equivalency) in most European countries is it not?

Except for the part about requiring you to leave to process your application.

Wait times to process applications depend on your country of origin and visa type. If you are an H1B from India that was already decades approaching never. Same for Brazil and elsewhere.

And that was before Trump. All that was practically halted.

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

#93

I was under the impression that this is roughly how it works (assume equivalency) in most European countries is it not?

No, it is not. And if you fall in love and want to get married to someone on a student visa, your fiancée should not need to leave the country for a year or two to wait for paperwork to process. Which is one of the real world impacts of this change.

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

#94
I don’t know how this will play out for employment based categories. You need to be have a job and be on a valid visa to even apply for a green card. How do you then go outside the country, apply for a green card, all the while maintaining your job and a visa while you wait for the application to be processed? As far as I know not being in the US for extended periods of time, voids your work visa in the first place.

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

#95
post #80

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 occup…

You're not actually wrong, but your phrasing makes it sound like that somehow excuses this travesty of justice.

I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy.

The H-1B is not the only path to a green card. There are many ways, every case is different, and pretty much all of the paths suck, even if you do everything right.

This decision only makes all of those paths worse.

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

#96
From the USCIS policy directive.

>> admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.

H1-B was already a dual intent visa. Are they trying to create a new visa category?

Whatever they are trying to get to this is a big concern for all H1B employees.

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

#97
Absurd, currently trying to figure out how to sponsor my wife and now this. The wording seems to imply that even those here on valid non-immigrant visas (F1) would need to apply via their home country. It doesn’t help that I130+I485 (AOS) could take over a year to process?

If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?

It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).

I wish they would just have a simple fast lane for the 100% legal, non-complicated case.

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

#98

I was under the impression that this is roughly how it works (assume equivalency) in most European countries is it not?

Absolutely not. My wife could apply for German permanent residency as well as now German citizenship from within Germany. She has been living in Germany for 10 years now and at no point in the process did she have to go through a German consulate (she is a US citizen).

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

#99
post #84

This is probably for the best in the long term. They've added enough friction, insanity and disdain for foreigners that no sane person will immigrate and we can start to build stronger industries and trade relationships outside the US.

Isn’t it better for the smart people in India to stay there and make India richer, instead of coming to the U.S. to make billionaires here richer? These countries absolutely suffer from the brain drain.

The way it works is that the origin country is worse off when people leave, but in general immigrants are much better off for moving, and it's not even close.

A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?

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

#100

This is such an insanely unpopular move even among some of trump’s supporters. I really think this will be this version of the republican party’s suicide note.

It's an insanely stupid move, but from what I'm seeing on Twitter, it's somehow not that unpopular among the less bright.
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