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

nytimes.com

771–780 of 1001 posts

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

#771

Typing this from behind a VPN proxy, just in case but... Does anyone know if this mean that I as a US citizen, who has a spouse who has already applied/submitted their application (but has been waiting while the government drags its feet on it for over half a year), will now need to say goodbye? Things were already getting blurry when we moved quickly to get things in when we saw the winds in 24.... This is all so te…

IANAL. Seek legal advice. I hope you have an immigration attorney. I honestly think that in this administration, no case should be submitted without an attorney. DIY filing is incredibly risky.

What matters here is how your spouse entered the country, what visa they are on, how soon you got married after they entered the country, their entire immigration history and whether or not they've accured any unlawful presence.

It seems like people who are on so-called "immigrant intent" visas (eg L1, H1b) might still be able to ordinarily adjust in the US. What this will affect (if it isn't struck down) is people who entered on a visitor's visa or a student visa (both of which are not dual-intent) and then got married and filed for adjustment. Those people might be forced to consular process if this stands. People who have already filed when this memo was released might still be able to adjust. We really don't know until this gets tested in court.

But interestingly there are work visas that aren't dual-intent (eg TN, E3). Those people may not be able to adjust with consular processing if this stands. That's a big change. It may force them to adjust to an H1B first.

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

#774
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.

[deleted]

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

#775

I received my green card in 2023 and I have mixed emotions. On one hand, I'm so relieved that I have been able to dodge everything that the administration has been throwing at immigrant (legal and illegal alike), trying to see what sticks, like mass deportations, border wall expansion, visa restrictions, asylum crackdown, H-1B cuts, and chain Migration Ban. On the other hand, we cannot apply for citizenship for 3 mor…

> and paid over $100,000 in taxes last year alone Genuinely curious, what does taxes have to do with it? Everyone pays taxes, legal or illegal in some form. I don’t think paying your dues should make you more likely to get through the pipeline. After all, you paid those taxes because you made good money, which is what people come here for.

> I don’t think paying your dues should make you more likely to get through the pipeline. After all, you paid those taxes because you made good money, which is what people come here for.

https://www.trumpcard.gov/

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

#776
post #400

Earlier quoted context omitted.

When you're in your visa or green card process it's not uncommon to be advised not to travel out of the country... Yep. You're kind of in jail. It doesn't mean that you cannot, it just means that it might complicate your already complicated application. So if a family member dies, maybe... But that's it

This is true. But you might be conflating two different issues: having to apply for a greencard from outside the country, and being restricted in traveling outside the US during the (potentially very lengthy) pendency of that application.

No, I'm aware of the difference. I just wanted to write this down as 'being told you cannot do something' is not something the typical American likes. Yet, when going through immigration, it's common...

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

#777
post #511

Earlier quoted context omitted.

Unfortunately, I think this is the point. They want to push the needle so that even legal immigration is restricted or difficult (unless you happen to pay them directly) https://www.nytimes.com/2026/05/23/us/politics/trump-legal-i...

Why don't they just say what they mean, and ban immigration completely? Are they trying to trick most immigrants into leaving voluntarily so they can deny re-entry?

I think big companies still want H1B visas but mostly as indentured servitude.

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

#778
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 fo…

I mean this in the kindest possible way while still being critical: I really wish people would stop making definitive statements about things that, I'm sorry to say, they don't understand. This is just wrong. The end result is absolutely not the same, for multiple reasons:

1. Decisions by consular officials largely can't be challenged (with some exceptions). Decisions by USCIS can be challenged in immigration court and/or federal court, depending on your case;

2. Thanks to Trump v. Hawaii, the president has the broad power to ban the granting of visas to people overseas. There's currently a ban on 39 countries. That cannot be challenged. It can be challenged in the US;

3. When you apply for an immigration benefit in the US, the USCIS field office that deals with it is determined by where you live. It used to be the case that if you were outside the US, you could get an embassy appointment in the country you were residing in. This administration changed that such that you can only use the embassy in your country of birth/citizenship. So, if you're a Kenyan citizen living and working in France, you have to go back to Kenya for your consular interview. That might take wait times for getting an interview from 1-2 months to 1-2 years, depending on the embassy. It's also a huge hassle and expensive, possibly;

4. The GP is correct here. When you apply for any immigrant visa, meaning you or a spouse, sibling, parent, child or employer files an I130/I140 for you, you've demonstrated what's called "immigrant intent". That means that for people from many countries they are unlikely to ever get a nonimmigrant visa ever again. USCIS thinks you're tryign to sneak into the US to adjust status rather than consular processing. They also think if you enter the US, you won't leave. Obviously citizens of Norway are treated differently to citizens of Nigeria. I'll let you ponder why;

5. If you accrue unlawful presence in the US (for which the rules are complicated), you may get a 3 or 10 year bar on returning to the US. In addition, because you have overstayed a visa (or have entered without inspection), you may simply not ever get another visa again anyway. It's unclear from this memo if the 3/10 year bars will apply here. We won't know until we see how it's implemented;

6. Certain people may be in limbo because they don't have the option to leave to consular process. I'm mainly thinking of people who have made an asylum claim. There are people who have filed for asylum in 2015 who don't have a ruling on that case yet. 11 years is a long time. They might meet someone and get married and then seek to adjust. This is a complicated process that comes with its own perils but generally they adjust status and then withdraw their asylum case or, in some cases, seek cancellation of removal from immigration court. Do they have to leave? They may not have travel documents. They can't really go back to their home country. This may create a situation where they can't adjust and they can't leave so they're in limbo. Also, if the asylum office decides your asylum case was "frivolous", you may have a permanent bar on ever receiving an immigration benefit. That's much more difficult if not impossible to challenge overseas;

7. What makes you inadmissibile isn't necessarily serious. It can be a simple mistake. For example, if you marry a US citizen then working without authorization is forgiven (mostly; it's complicated) but you have to be really careful how you answer questions on the forms and to officers. So you might answer "no" the I485 question about working without authorization even though you did a few Ubers 7 years ago, which is forgiven, but you've now made a false claim and that may make you inadmissible needing a waiver. A good lawyer will argue that it wasn't "material" but this USCIS much more than any previouis is having a stricter interpretation of any of this;

8. As another example, "crimes", particularly "aggravated" crimes or crimes of "moral terpitude" can make you inadmissible. But what are those? There are guidelines but there's some grey areas where USCIS has discretion. For example, being convicted of a crime with a potential sentence of more than 365 days will make you inadmissible. But sentencing guidelines can be whack such that if you speed as a 16 year old, you might get charged with something and, not knowing any better, get offered a deal for probation on a crime of reckless driving that can technically be up to 2 years of jail time by the sentencing guidelines. Well, guess what? You're now guilty of an aggravated crime and can not only have your green card denied, you can be denaturalized and deported. No, this isn't a made up example.

IANAL but I know what I know and, more importantly, I know what I don't know, which is a lot. But what's particularly frustrating to me is the people who have no idea what they don't know. The above just scratches the surface.

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

#779

May the world extend Americans the hospitality that the US has extended to the world in the last year.

The US is an extreme outlier in accepting migrants. The current situation is effectively what the vast majority of countries already do. Some go beyond that, and gun down people with machine guns at their border.

The idea that the US is not a country that belongs to its citizens, but some sort of abstract global entity that everyone in the world is entitled to is farcical, and it's coming to an end. The US owes absolutely nothing to non-US people.

If people don't like it that can go anywhere else (keeping in mind that other Western countries are starting to do the same) or, you know, stay in their own country? (Crazy, I know)

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

#780

I received my green card in 2023 and I have mixed emotions. On one hand, I'm so relieved that I have been able to dodge everything that the administration has been throwing at immigrant (legal and illegal alike), trying to see what sticks, like mass deportations, border wall expansion, visa restrictions, asylum crackdown, H-1B cuts, and chain Migration Ban. On the other hand, we cannot apply for citizenship for 3 mor…

I was approved 2 weeks ago. The process took 4 years end to end. I've been updating my paperwork (SSN, Global Entry and CA DL). I saw this news and immediately thought that it would've impacted me and I wouldn't've been able to maintain my job until a consular interview.

Also a consular interview has no appeal process. A denial stands unlike AOS.

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