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

nytimes.com

411–420 of 1001 posts

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

#411

Again worth asking VC Bros if the light touch on their crypto bags was worth all this ethnonationalism?

If you recall, Andreesen said he’s not into introspection. Don’t think this is a thing they’d think about.

Also, a lot of these guys are simply straight-up ignoring the news today. They got their bag and they believe it will keep them safe.

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

#412

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…

> Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard.

So that's kind of the point, to make the system arbitrary and capricious. It's to make the lives of immigrants more difficult.

For example, when one applies for adjustment of status ("AoS", meaning the I485), there are several things you can also apply for, most notably an Employment Authorization Document ("EAD", I765) and/or Advance Parole ("AP", I131) to allow you to travel.

In years gone by, you'd get the temporary documents in 3-4 months typically and your green card in under a year (after filing the I485, not for the entire process, which can be substantially longer).

So this administration has seemingly started a process for marriage cases where you file an I130 and I485 concurrently (the I130 is to prove you're free to marry and you have legally married, the I485 is to adjust status) where USCIS will approve the I130 but then just sit on the I485, not approving or denying the case, and never issue the EAD or AP so you can't work. Lots of people can't afford to not work for 1-2 years while this all plays out.

But that's the point.

Also, there are rumors that Palantir is getting invovled here. Rumor is that USCIS is sitting on I485 approvals while they wait for a new system to come online that will let USCIS look at way more data, likely including social media data, to find reasons to deny cases, so they don't want to approve cases before it's available. This is uncofirmed but there's a lot of anecodtal data for approved I130, no decision on the I485.

For marriage cases, this administraiton clearly wants people to consular process instead because the administration has broad powers that can't be challenged to simply withhold visas to nationals of certain countries and those bans can't be challenged in court, as per Trump v. Hawaii [1].

This is a problem for people who have made asylum claims because they realistically can't use the passport from whcih they've claimed asylum (if they even have it) and they certainly couldn't or shouldn't go back to their home country. A separate rule generally requires people to use the embassy of their country of birth. Again, that's to make life difficult.

It's not clear to me yet how this rule change affects those on H1Bs that want to adjust. Is the Trump admin going to require H1B holders to leave the country to adjust? That's going to create problems if so. The asylum case and the home country embassy rule mentioned above are two big reasons.

[1]: https://en.wikipedia.org/wiki/Trump_v._Hawaii

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

#413

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.

I agree. I think there are ways to do that that could get more support than the way we're currently doing things.

Imagine if we began processing immigration applications at a rate ten- or a hundredfold of what we currently do. Imagine if just about anyone could get in, barring things like people with actual serious criminal records, etc. Imagine if when you got in via that system, you got some kind of long-term resident visa, which required you to pay an additional tax for, say, the next 10 years. Also imagine that this long-term resident visa gave you a path to citizenship, on condition of permanently renouncing all other citizenships you might hold. In other words, imagine that becoming a legal immigrant was far less onerous in process, but slightly more onerous in official requirements.

Such a plan could be framed as encouraging immigrants who want to "put down roots", and that kind of immigration is much more plausibly spun as beneficial, because people who move to a place to live permanently do not want it to be sucky. By making the process simpler but applying clear costs (e.g., extra tax), it also gives people an easy to way to demonstrate that they want to do things the right way.

Also, making the process more straightforward makes it much more politically palatable to deport people who violate it (which will still happen). A large part of the "bleeding-heart" leftist perspective towards immigrants stems from a sense that many people who immigrate illegally do so because "they had no other choice". If the bar to legal immigration is lowered so that it becomes a live option, this argument is harder to make.

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

#414

I had 10 years of work experience and had been married to my wife for two years, together for five, when I applied for my spousal visa. We had already gone through the UK visa process to bring her there, but decided we wanted to try the USA. Despite being able to show 10 years of consistent working history with income far exceeding the minimum, because I didn’t have a job lined up in the US (who would, or could, in t…

The uncertainty is one of the main reasons why I didn't bother to go the F1->H1B route and ended up leaving the US again.... but that was a decade ago.

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

#415

> From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances Whats the equivalent policy for other countries? Can you stay like you could prior to this?

Many other countries including UK enforce a similar rule. It's very inconvenient in those countries, but there's a significant difference: in most other countries that have this kind of policy, visas can typically be processed in a timely fashion (and are actually processed at all). It's insanely expensive and very arduous administratively to get a visa for the UK as the spouse of a British citizen, but the process w…

> It's insanely expensive and very arduous administratively to get a visa for the UK as the spouse of a British citizen

How expensive is it?

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

#416

I had 10 years of work experience and had been married to my wife for two years, together for five, when I applied for my spousal visa. We had already gone through the UK visa process to bring her there, but decided we wanted to try the USA. Despite being able to show 10 years of consistent working history with income far exceeding the minimum, because I didn’t have a job lined up in the US (who would, or could, in t…

This is pretty normal for most countries' visa processes. You often have to leave to renew a visa.

As I recall, we had to drive to the US border and turn around to "enter Canada" to process our landed immigrant letters. That was a while ago, so it's possible that there is more involved now... Was curious as they asked about our stuff and car(s), and we pointed out "at home, in Canada" which got a smile.

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

#417
Wow. As someone who just went through this process myself (leaving the US to get a green card via consular processing), I can only hope they hire more people to handle the increased case load. You need a medical exam and there were only 2 people available in my country to do that, which added 2 months to my application time (where I could not return to the US)

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

#418
post #307

Earlier quoted context omitted.

I know this is going to. be contentious, but US mainstream discourse seems to have completely eliminated the distinction between illegal and legal immigration, in the last 10 years. Everyone seems to be a "migrant".

Nearly half of the workforce of crop farmworkers in the US is made up of "illegal" immigrants. The US food-supply relying on those people has meant that, in practice, immigration law enforcement is deliberately selective and self-serving. So, the idea of illegal immigration as a vice worth cracking down on and punishing has not been consistently applied by the people publicly condemning it (like this current administ…

As another disconnect, farmers overwhelmingly voted for Trump. I really don't understand how people are using their brains any more.

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

#419

I had 10 years of work experience and had been married to my wife for two years, together for five, when I applied for my spousal visa. We had already gone through the UK visa process to bring her there, but decided we wanted to try the USA. Despite being able to show 10 years of consistent working history with income far exceeding the minimum, because I didn’t have a job lined up in the US (who would, or could, in t…

The reality is many people come on temporary visas, as tourists, as students, etc., and overstay. This policy is some attempt to address flows of quasi-legal immigration. It's unfortunate there's friction to the process, but it's by design. 15% of American citizens and permanent residents are foreign born, the highest it's been in 50+ years, so people are successfully making it through the process. Ideally we'd have…

This policy is a further extension of this administration’s public, explicit and frequently repeated goal of ethnic cleansing. Acting like this is a rational policy response to any real problem is ridiculous.

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

#420

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 received mine in 2020 and have decided to move back home. The uncertainty in general just keeps me up at night. Feels like the goalposts could move at any moment. I know I'm likely overreacting but it is what it is.

If anything everyone else is under reacting.

You have ICE officers randomly abducting people off appearance alone and then detaining them for days if not weeks. If you were a citizen the whole time, cool who cares.

No one in America has any rights.

That aside, even as someone who's been in this country for generations, I've been exploring options to leave.

America is behind most of the developed world in terms of standards of living. I was in Asia for a while and I felt a fraction of the fear I constantly do at home.

It's not getting better.

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