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

nytimes.com

901–910 of 1001 posts

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

#901
The strategy for many folks will likely be to wait it out until the next administration when hopefully some amount of sanity returns.

The question buried in much of the detail: there is an indication this doesn't apply for H1B's and similar who work in the national interest or provide economic benefit (presumably substantial). Perhaps this allows an opening for at least some people.

Perhaps the people initiating this -- that is to say, almost universally either immigrants or the descendants of immigrants to the US -- would prefer something like the following version:

With silent lips. "Keep your poor, your tired, your teeming masses, too!

We’ve rewritten the laws, reframed the view,

To raise a middle finger straight at you.

Send your huddled refuse back to your own shore,

I lift my lamp beside the dead-bolted door!"

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

#902

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…

"Most disturbing is the fact that a lot of people I know who climbed the same ladder will go out and cheer what the administration is doing." I always joke that all naturalized (citizens) immigrants automatically become republican. I say it in earnest because effectively all naturalized people who I know side with anti-immigration, except agaisnt people they know, but none of them take my "joke" seriously.

Even those still halfway up said ladder: https://x.com/flowersslop/status/2058161240350794165?s=20

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

#903
This is the will of people who voted the current administration into power. Its a democratic country, politicians have to respect what the people want, a recent video which reflects the thoughts of majority: https://www.youtube.com/watch?v=c3FcCTXRiKo

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

#904

This is the will of people who voted the current administration into power. Its a democratic country, politicians have to respect what the people want, a recent video which reflects the thoughts of majority: https://www.youtube.com/watch?v=c3FcCTXRiKo

They don't want legal immigration except in cases where it is in the national interest i.e a Deepseek AI researcher wanting to move to the US - bet your bottom that person ain't waiting for a green card.

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

#905
post #66

This news has to be read alongside the immigration visa emission pause for 75 countries by DOS[1]. Since USCIS is blocking Adjustment of Status, and the Department of State is blocking green card emission for citizens of 75 countries, this means that if you are from the following countries you are effectively banned from getting a Green Card: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Ba…

Immigrating to the usa is not a right. It is granted. I don't see the problem, and I'm not even American or Trump supporter. It just makes sense.

>Immigrating to the usa is not a right. It is granted.

It's not about rights, it's about keeping your promises.

"Join the army and get a green card" -- oops did we say that?

But then we have only been fair weather friends (see how we treated pretty much any one who put their lives on the line) so I'm not very surprised at what's happening.

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

#906
post #443

The internal memo on this is interesting: https://www.uscis.gov/sites/default/files/document/memos/PM-... Essentially 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…

> Essentially they're trying to change the rules by aggressive re-interpretation of the existing legal framework, and not actually changing any laws or regulations.

If you want to make that argument, you have to confront the fact that H1 is by its terms a “nonimmigrant” visa for people who are “temporarily” in the U.S. 8 USC 1101(a)(15)&(a)(15)(H). While adjustment of status was possible, it was never intended to be a de facto immigrant visa that typically leads to permanent residency.

Note the law does also have immigrant visas which are designed to lead to permanent residency, such as E1 visas: https://travel.state.gov/content/travel/en/us-visas/visa-inf...

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

#907

This is the will of people who voted the current administration into power. Its a democratic country, politicians have to respect what the people want, a recent video which reflects the thoughts of majority: https://www.youtube.com/watch?v=c3FcCTXRiKo

The will of the country is also expressed in who is elected to Congress. And they make laws, the President implements them.

So yes what you say is true, if what the President is doing actually is within the legal authority set out by the law.

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

#908
One thing with this policy, its not all green card seekers, its those deemed to be under temporary visas (student, tourist, etc). Apparently these comprise the majority of applicants, but not nesc. the majority of those granted green cards (family, longer term workers, etc).

I'm not defending the policy, but I think that's one nuance being lost.

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

#909

This 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…

The UK, the EU, Japan, and Australia all have identical rules to this policy.

Completely false for Australia.

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

#910

This 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…

> Applying for a greencard while working on an H, J or O-class visa is extremely common. But it’s not supposed to be extremely common to apply for a green card on an H or J visa. Those visas are explicitly “nonimmigrant” visas for people “temporarily” in the U.S. who have “no intention of abandoning” their foreign residence. Read the statute: https://uscode.house.gov/view.xhtml?req=(title:8%20section:1... . It’s subs…

People change their minds. Is that illegal? Maybe they had the intention to only be in the US temporarily at first, but now they'd like to get permanent residence. Why shouldn't they be able to apply for it, from the US, while still on the temporary visa?

Then the administration can say yes or no, in the same way that they can say yes or no to someone applying from abroad.

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