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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

#841

Post by bubblethink »

rayiner wrote: 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…

This sounds quite non-sensical. The statutory pathway is employment based immigrant visas (EB 1 through 5). I don't get why you bring up H-1B into the discussion. If you are looking for congressional intent for this H-1B->EB AOS path, Congress passed AC21 precisely to address this path.

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

#842

Post by lurk2 »

cush wrote: post #694
pixelatedindex wrote: post #359

Earlier quoted context omitted.

> 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.

Citizenship is tied to the right to vote and Taxation without Representation was literally the driving force for the creation of America itself

> Taxation without Representation was literally the driving force for the creation of America itself

The issue of taxation without representation had far more to do with the founders’ status as Englishmen and British subjects than their status as taxpayers. Paying taxes by itself was not a sufficient qualification for political representation. Felons, minors, and women were also required to pay taxes in the 1770s, despite not being able to vote. Immigrants who believe that the taxes they pay entitle them to this representation have bought into a falsified version of American history that was popularized during the Civil Rights Era.

United States Congress, “An act to establish an uniform Rule of Naturalization,” March 26, 1790:

> Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That any Alien being a free white person, who shall have resided within the limits and under the jurisdiction of the United States for the term of two years, may be admitted to become a citizen thereof on application to any common law Court of record in any one of the States wherein he shall have resided for the term of one year at least, and making proof to the satisfaction of such Court that he is a person of good character, and taking the oath or affirmation prescribed by law to support the Constitution of the United States, which Oath or Affirmation such Court shall administer, and the Clerk of such Court shall record such Application, and the proceedings thereon; and thereupon such person shall be considered as a Citizen of the United States.

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

#843

Post by sagarm »

Aniket-N wrote: post #453
jfengel wrote: post #158

I hear "I'm not anti immigrant, I'm anti illegal immigrant" a lot. To which there is an easy solution: increase the number of legal immigrants we allow. Instead we're doing exactly the opposite, cutting down on legal immigration as well. Making it hard for me to believe that it was ever about illegal immigration at all.

It took us 12-15 years to get a GC (depends on how you count). People who fraudulently or illegally come in have had it easier. And I was in the top 1% earner, built things that everyone here on HN has used. I’ve contributed a lot and struggled to get recognized. People don’t know how much of a mess this is. They claim they want smart people to come to the US. The system isn’t setup for it.

It's the Stephen Miller types that instituted a policy that throttled GCs by country of birth, independent of that country's population, as a way to achieve racial bias without explicitly talking about race.

Miller's ilk is ascendant in this administration and their Court has blessed their approach to discrimination.

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

#844

Post by atoav »

pixelatedindex wrote: post #359
esalman wrote: post #280

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.

A very common xenophobic narrative is that foreigners do two things at the same time (1) steal your jobs and (2) drain your social systems. Another even more vile one one would be anything to do with coming for your daughters and women, but for this you will have to favtor in race. Because a rich white Frenchman coming your daughter doesn't have the same ring to it for bigots.

If the US, a country with a too low birthrate, throws out even the best kind of migrant (namely the kind that generates a lot of value for the country), you're going to be in deeper shit than ever before for decades to come.

Now I agree that paying taxes or not should have nothing to do with it.

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

#846

Post by tao_oat »

stinkbeetle wrote: post #837
tao_oat wrote: post #833

I love the US; I’ve lived there and held an H-1B visa. Moving there permanently was a teenage dream of mine. Unfortunately the country in that dream no longer exists. I now avoid jobs that require travel to the US. As a non-American it makes a lot more sense to focus on building up the tech centres closer to home.

Not American here, what did you like about it that is no longer?

A lot of the good is still there -- e.g. the nature, the unusually high level of drive/determination/spirit/openness. At least compared to northern Europe where I'm from.

Unfortunately tilting towards fascism outweighs those.

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

#847

Post by sagarm »

zkmon wrote: post #796

I do not endorse this change in anyway, as it means breaking promises and assumptions which drove thousands to the shores of USA in the recent past. Having said that, most commentators here, including me, might not have the full picture of the situation - the scale of influx of current immigration, quality, tactics and loopholes used, and goals (universities as visa machines) etc. USCIS might have a different picture…

You're in the minority if you still assume that anything out of this administration is driven by competence rather than malevolence.

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

#848

Post by bubblethink »

aabajian wrote: post #749

Devil's advocate: My wife thankfully just got her green card three months ago. She first came on a J-1 and then an F-1. She knows many, many people who come with the intent of staying either without status or via questionable marriage licenses. The vast majority of her acquaintances in the J-1 visa program were young ( The bottom-line is that she thinks the J-1 / au pair program should be discontinued.

That is completely orthogonal. Whether any non-immigrant visa program should or should not be continued is immaterial. The topic at hand is about adjusting status to permanent residency, for which you need to independently satisfy the criteria for permanent residency. The admin is proposing asking people to go out of the US for their interviews as opposed to an interview in the US. The admin can just as easily deny AOS in the US, but people have more rights in the US and can seek legal recourse. They cannot outside the US.

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

#849

Post by atoav »

stinkbeetle wrote: post #837
tao_oat wrote: post #833

I love the US; I’ve lived there and held an H-1B visa. Moving there permanently was a teenage dream of mine. Unfortunately the country in that dream no longer exists. I now avoid jobs that require travel to the US. As a non-American it makes a lot more sense to focus on building up the tech centres closer to home.

Not American here, what did you like about it that is no longer?

It was once an open, free country that fought fascism and respected the rule of law?

Arguably it was never perfect and the ugly bits where there, so a lot of that is about an image it projected to the outside world.

You know it is the land of the free when you have to give them access to all your social media accounts at the border. I have heard stories of fellow countrymen being held for weeks without hearing any cause. So yeah, no thanks.

Maybe if you restore the rule of law and have the current, president, supreme court justices and representatives removed in 20 years or so.

Bigotry and xenophobia has brought the downfall of the US empire, for real. It was always more about who believed in it than it was for real. The US had an ugly history that it tried to ignore for the passt hundred years and at some point unsurprisingly it comes back to haunt you.

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

#850

Post by andyjohnson0 »

I see lots of comments about the legal minutiae around this -- but as a non-US person I'd like to understand the motivation.

Straight-up nativist discrimination? This kind of technical measure would seem to be hard to sell to the MAGA base, compared to something more blatant? Or is this somehow a favour for their corporate clients?

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