So this is a topic I follow and I could speak at length to all the anti-immigrant actions taken by this administration. It's every aspect of the immigration process. This isn't only a stricter enforcement policy or a stricter interpretation of certain rules but things that are arguably illegal. For example, one of the requirements for naturalization is "good moral chracter". Well, what does that mean? Up until this y…
Green card interviews end in handcuffs for spouses of U.S. citizens
151–160 of 191 posts
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#152Earlier quoted context omitted.
Except it's not an overstay--you're automatically in status while there is an application pending.
I've found that it's quite futile to expect American citizens to actually understand how their own visa and immigration laws work. Unfortunately it doesn't stop them from having strong opinions about them.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#153Earlier quoted context omitted.
Why is that ghoulish? I disagree with the policy, but it's fundamentally different to force someone to leave and to force them to stay. People are being forced to leave.
And being compelled to stay
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#154Earlier quoted context omitted.
Country of birth does determine the "priority date" waiting list. Specifically for Philippines, Mexico, India and China. Due to demand. Everyone else is in the rest of the world bucket. For those countries (especially India) the wait can be more than a decade. Moving to a points based immigration system without country of birth consideration may one day happen. Depending on what contributes to points it would encoura…
> Moving to a points based immigration system without country of birth consideration may one day happen. Anything, honestly, to end the need for informal lawyering that even immigrants with straightforward situations still have to do.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#155Earlier quoted context omitted.
US has descended into a banana Republic. And I'm surprised how many people are cheering it along the way.
Americans have just seemingly become a rather cruel people.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#156Earlier quoted context omitted.
>but if you overstay a visa you should expect detention. I really dont get this view. Like you could substitute detention with a 1 dollar a day fine, or community service. Why does the punishment for this particular crime, have to be detention. Why is it worse than making your local council mad for not taking out the bins. The severity of the punishment is just ludicrous compared to the crime of participating in a co…
Because this is immigration and there is no right to be in another country. I've been detained for irregularities in other countries while just doing tourism. This is a normal and expected part of travelling to foreign countries.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#157Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#158Earlier quoted context omitted.
> It's a catch-22 What do immigration attorneys recommend in this scenario? I don’t get the catch-22, time’s up & you leave Happens to H1Bs all the time
The "overstay" was scare quotes – you're allowed to stay.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#159Earlier quoted context omitted.
> I can see why people were tempted to cut corners, especially given past tolerance… Which is one of the reasons that the pre-trump executive orders that granted leniency and amnesty at times were all terrible terrible things to do. We really have a problem in this country where we've decided that the laws suck, but we don't want to do the hard part of changing the law, so we just decide to ignore it. Until at some p…
> The feds could raid every marijuana dispensary in the country This is not a realistic scenario, but does seem to present the argument, that Federal law and the power to enforce it is inherently and legally superior to individual State laws? > fix the laws and roll back the abuses of executive power Perhaps we could start with the federal law that made marijuana a Schedule One controlled substance: so that ordinary…
That's the current state of US law yes. That's why California needs explicit permission from the federal government to have more restrictive air quality laws than the federal standards. It's also quite literally baked into the constitution:
>This Constitution, and the Laws of the United States which shall be made in >Pursuance thereof; and all Treaties made, or which shall be made, under the >Authority of the United States, shall be the supreme Law of the Land; and the >Judges in every State shall be bound thereby, any thing in the Constitution or >Laws of any State to the Contrary notwithstanding.
Subsequent rulings and case law have largely established that the states and their law enforcement agencies are not inherently bound to enforce federal law, but that is a very grey area with lots of edge cases, and can change substantially depending on the "incorporation" status of the underlying constitutional basis for the law. This is why the drinking age is controlled by highway funding rather than direct legislative imposition, but it's also why the feds can and will send the military in to ensure your schools are integrated. The interplay between the supremacy clause and the 9th and 10th amendments is a very complex part of the legal system but this has been the state of the country for a very long time.
> Perhaps we could start with the federal law that made marijuana a Schedule One controlled substance
You'll get no argument from me on this front. Especially since there is a federally legal synthetic form of THC that is actively prescribed by doctors for cancer patients. It's called Dronabinol and it's a Schedule III substance. Yes you're reading that right. Psychoactive THC can be obtained via prescription in the US from any pharmacy and that synthetic version is a lower control level than xanax. And all of this in the face of the fact that the plant source of the THC is a Schedule I substance which in theory is supposed to mean there is no known or accepted medical use for the substance. Which seems like a lie.
> The argument seems to be that federal laws overrule states', and that underlying idea justifies sending military forces into cities, because, you know, federal laws are being violated, everywhere, like, all the time, man.
It's not "the argument", it's the actual law of the land. The fact that the feds can't send in the military is that we explicitly disallow the use of military forces for domestic law enforcement. But that restriction doesn't apply to non-military federal LEOs and even with the military, it's a grey area (see aforementioned use of the National Guard to enforce racial integration). And it's one of the reasons why we should have been concerned about the ever expanding federal powers in general and executive powers LOOONG before Trump had ever considered running the first time. It's part of what makes "legislating" via the courts so dangerous, and what makes the impulse some people seem to have to respond to the Trump administration by way of things like court packing and other attempts to simultaneously empower the federal government without also empowering Trump a dangerous impulse.
Re: Green card interviews end in handcuffs for spouses of U.S. citizens
#160I am surprised people are willing to put up with this sort inhumane treatment. A person I know has been waiting for 16+ years for his green card. They've very rarely traveled out of the USA together as a family because they were afraid they might be a problem getting back in. The people I know are not even desperate migrants where this sort of treatment is still better than the lives they are living - yet they still…
Despite the challenges with current government, the USA is still the best country in the world for most things. Some will disagree but they are in a minority. People who have never been or lived in the USA likely won't understand why this is. I stopped bothering to explain it to others a long time ago as their views are mostly influenced by biased media in their home country.
US residents who rarely leave their borders likely won't understand why this is.