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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

#101

Post by airstrike »

KingMachiavelli wrote: post #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, aba…

And don't forget that US consulates in 75 countries, or approximately a third of the globe, have stopped conducting Green Card interviews.

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

#102

Post by gyomu »

rayiner wrote: post #84
zaptheimpaler wrote: post #81

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.

In many cases a talented/smart person will bring little to zero value to a country with ossified institutions, but huge value to one with the right systems in place to build value.

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

#103

Post by nyargh »

SV_BubbleTime wrote: post #79

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

For many immigration statuses in Sweden, you must leave and apply outside of the country (outside of Schengen for non EU-citizens) to change status. This was even the case before the current right wing government was elected.

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

#104

Post by buzer »

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…

Intent (are you planning to switch immigrant visa later) and status (immigrant/non-immigrant) are two different things. Visas like B1 are non-immigrant and require that you are not intending to abandon your foreign residence. In practice that means that when you enter US you cannot be planning to apply for immigrant visa. H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement and thus it's fine to enter even if you intent to apply for GC. You can even exit and re-enter after submitting your application.

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

#105

Post by bulbar »

KingMachiavelli wrote: post #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, aba…

Happens as well in Germany and it's pure insanity. The US at least does not depend on migration as much as Germany, I believe.

Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.

Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.

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

#106

Post by BrokenCogs »

epistasis wrote: post #83
zaptheimpaler wrote: post #81

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.

How is this good in any way? How could this ever help to build stronger industries or trade relationships? If somebody hands you a shit sandwich you don't need to pretend it tastes good.

I think it's sarcasm

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

#107

Post by buzer »

darth_avocado wrote: post #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.

IANAL. My understanding is that you can do consular processing even if you are in the US, it's just that you need to leave to do the interview (and things like biometrics) and get the actual visa.

Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.

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

#108

Post by ornornor »

bulbar wrote: post #105
KingMachiavelli wrote: post #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, aba…

Happens as well in Germany and it's pure insanity. The US at least does not depend on migration as much as Germany, I believe. Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break. Sad how people become so detected from reality that they make their society irrelevant and destroying a l…

> The US at least does not depend on migration as much as Germany, I believe.

To me it feels like the US pretends they don’t need immigrants when:

1. The overwhelming majority of current US residents were immigrants themselves at some point in the last 150 years (only natives were there, everyone else immigrated from somewhere)

2. The US wouldn’t function without illegal immigrants

3. Every country is short of workers in one domain or another. Encouraging immigration in these domains (see how Canada does it for instance) would be the smart move. But instead… yeah let’s make it even harder across the board

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

#109

Post by kylehotchkiss »

KingMachiavelli wrote: post #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, aba…

By the way, if you move outside the country, you lose Domicile which is required to sponsor the visa. And if you don't spend enough time in their country visiting them, your application can be temporary "denied" (delayed) with a request for evidence (that the relationship is real) they'll spend 3 months deliberating over.

Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.

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

#110

Post by JuniperMesos »

aborsy wrote: 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…

Yes, this is a feature. I don't think non-immigration visas actually exist, or can in principle actually exist until there are massive legal and constitutional changes in the US up to and including ganking the birthright citizenship clause of the 14th amendment. Anyone who sets foot on US soil for any reason - even illegal immigrants, let alone people on a legal, ostensibly non-immigrant visa - can try to adjust their status, and has lots of "possibilities for appeal".

The US government should not give permission to anyone at all to set foot on US soil, unless the mass of existing citizens of the US are comfortable with that person eventually voting as a citizen on what the composition of the government should actually be. And as a US citizen, I am not comfortable with letting the vast majority of people in the world - many of whom are scrambling for any legal opportunity at all that will let them legally reside in the US - vote for the government that passes laws that affect me.

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