As a US citizen I am confused. H1-B and similar are supposed to be non-immigrant visas for temporary workers. Why was it allowed to permanently immigrate under those visas to begin with? We have immigrant visas like the E-1 for routes to permanent immigration.
Green card seekers must leave U.S. to apply, Trump administration says
441–450 of 1001 posts
Re: Green card seekers must leave U.S. to apply, Trump administration says
#442This is insane. I cannot fathom how I, nor educated and talented people I know, could have possibly stayed in the US back in the day if this requirement had been in place then. Applying for a greencard while working on an H, J or O-class visa is extremely common. Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard. Depending on the country of origin, there may not even…
These are all non-immigrant visa classes. The understanding is that you are temporarily immigrating to the United States. Why should it be surprising then that it is hard to become a permanent resident/immigrant if you explicitly came on a non-immigrant visa?
Re: Green card seekers must leave U.S. to apply, Trump administration says
#443Essentially they're trying to change the rules by aggressive re-interpretation of the existing legal framework, and not actually changing any laws or regulations.
I don't follow all of it, but it seems to be arguing that the "ordinary consular process", leaving the country and applying for a visa from abroad, is the long-established default, and that "adjustment of status", where your immigration/green card status changes while you're already in the US, is merely an extraordinary exception and "a matter of discretion and administrative grace." Even though applying for a green card while in-country (an "adjustment") seems like the only sane and reasonable process.
It feels goofy watching them marshal decades of prior case law to try to frame this as just a "reminder" rather than admitting this is a real change. (Since changing laws is harder I assume)
Re: Green card seekers must leave U.S. to apply, Trump administration says
#444Refusing future applications to adjust status would be one thing (still wrong, in my opinion). The fact that they are canceling pending applications is simply evil. There will be so much unnecessary anguish and expense. I really feel for anybody who is now learning they will have to leave and wait years to come live in the US with their spouse, due to overstayed visas which were supposed to be forgiven under the stat…
This administration is doing things that are illegal. They're getting sued and they're losing. Constantly. But that's expensive and time-consuming for immigrants, which I guess is the point. USCIS doesn't have the authority to just unlawfully deny a case. It can be challenged in court. They can make your life really difficult. For example, they can put you in removal proceedings if you're an overstayer with a petitio…
Source?
Re: Green card seekers must leave U.S. to apply, Trump administration says
#445I had 10 years of work experience and had been married to my wife for two years, together for five, when I applied for my spousal visa. We had already gone through the UK visa process to bring her there, but decided we wanted to try the USA. Despite being able to show 10 years of consistent working history with income far exceeding the minimum, because I didn’t have a job lined up in the US (who would, or could, in t…
The reality is many people come on temporary visas, as tourists, as students, etc., and overstay. This policy is some attempt to address flows of quasi-legal immigration. It's unfortunate there's friction to the process, but it's by design. 15% of American citizens and permanent residents are foreign born, the highest it's been in 50+ years, so people are successfully making it through the process. Ideally we'd have…
People come to improve their lives.
Their employers hire them to improve their lives.
Both end up better off!
Re: Green card seekers must leave U.S. to apply, Trump administration says
#446The whole immigration argument basically boils down to two schools of thought. 1) Those who believe that every human born on this planet has a basic right to move to and live in, any country that they want. 2) Those who believe that the people who are currently citizens of countries around the world, have the right to set strict restrictions on who is allowed to move there. These two schools are fundamentally at odds…
the reality is that there a very wide spectrum of opinions about what immigration policy should like, and really not so many people in the (1) category
Re: Green card seekers must leave U.S. to apply, Trump administration says
#447This is insane. I cannot fathom how I, nor educated and talented people I know, could have possibly stayed in the US back in the day if this requirement had been in place then. Applying for a greencard while working on an H, J or O-class visa is extremely common. Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard. Depending on the country of origin, there may not even…
These are all non-immigrant visa classes. The understanding is that you are temporarily immigrating to the United States. Why should it be surprising then that it is hard to become a permanent resident/immigrant if you explicitly came on a non-immigrant visa?
Re: Green card seekers must leave U.S. to apply, Trump administration says
#448This is just reckless without any responsibility. A number of people, especially in tech sector, legally stay in US while their GC is being processed. They have kids born in the USA. If such people were to leave USA to seek green card: - the kids must first get visas to their parent's countries - once reaching the other country, consular offices now have multi year wait lines for getting an appointment with a office…
The bigger issue honestly is that the kids may already have grown up in the American culture and fluent in English and it could massively disrupt their education and well-being to throw them into another system somewhere else, depending on how they were raised and whether they are fluent in the language of the country of their parents. In many cases they are not.
Re: Green card seekers must leave U.S. to apply, Trump administration says
#449This is insane. I cannot fathom how I, nor educated and talented people I know, could have possibly stayed in the US back in the day if this requirement had been in place then. Applying for a greencard while working on an H, J or O-class visa is extremely common. Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard. Depending on the country of origin, there may not even…
These are all non-immigrant visa classes. The understanding is that you are temporarily immigrating to the United States. Why should it be surprising then that it is hard to become a permanent resident/immigrant if you explicitly came on a non-immigrant visa?
Re: Green card seekers must leave U.S. to apply, Trump administration says
#450As an American, I just want to say that I'm very dismayed by the discourse around this topic over the past 24 hours in particular. The polarization of politics has become so intense, that the bipartisan mainstream position of just a couple of decades ago – that immigrants are a net positive to this country – feels like a distant dream. We've gone from perpetually punting the football on comprehensive immigration refo…
Well, yes. The current administration and the republican party as a whole are composed of fascists and thieves who steal from hardworking citizens like you and I to fund vanity projects like a ballroom and "Arc de Triomphe but bigger and gold".
They're shitting on the history of our country and all the people who have sacrificed to make this place what it is today, and they're doing it just to enrich themselves.
Frankly they are traitors and I hope that in time the wheel of history will deal with them as traitors deserve.