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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

#51

Post by throwaway_62022 »

ceejayoz wrote: post #31
grahamgooch wrote: post #26

This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people. F1 and h1 are non-immigrant visa. American law only allows a person to reside in the country with one Visa type. The green card is an immigrant visa - and the new visa is issued through an adjustment of status fo…

Why is it "nearly immediately" at a consulate but "backlogged" in the US? Why can't that be fixed?

This is not true. It is not nearly immediate at US consulate and backlogged in US. The parent doesn't know what they are talking about.

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

#52

Post by nrmitchi »

daft_pink wrote: post #46
ryandrake wrote: post #27

Looks like this means if a US Citizen marries someone who visited on a non-immigrant visa without the intention of getting married, the US government will now force the family apart for an unknown amount of time, potentially forever, instead of allowing the spouse to stay while the I-485 is processed. I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they g…

I think if you enter on a B1/B2 tourist visa, you should not be allowed to adjust status to a green card except in extraordinary circumstances. I’m not so sure about other non-immigrant visas. K1 will obviously be an exception as substantial steps are generally taken at a home consulate.

There is no carve out in this memo that says it’s only for B1/B2. Or that K-1 is excluded.

An entire visa class is not “obviously an exception”, or it would be clear.

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

#53

Post by arrowleaf »

beej71 wrote: post #24
0xy wrote: post #20

This is to close the common loophole where people would fly into the US on an ESTA, B-2 or another temporary visa "without immigration intent" (fraud) and then marry a US Citizen and adjust status. On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted…

Given our population problems, I can't think of a single rational reason why we'd want to stop this from happening.

Our population problems, in that we need immigration to avoid population decline? Our total fertility rate is 1.6.

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

#55

Post by ivewonyoung »

wesleyd wrote: post #23

When I renewed my H1B visa (I think after three years), I had to leave the US to do it. I couldn't renew it from inside. The permission to work got renewed just fine - I could just keep on working for another three years - but if I left after the first visa expired, and wanted to come back, I would need a new _visa_ (thing stuck into my passport) to come back, and I could only apply for that while outside the country…

> I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed

No, after 9/11 they passed a rule to always collect biometrics before issuing visas and validating them at border entry. The DoS facilities in the US did not have fingerprinting facilities but the consulates and embassies did, so they forced the change. Recently there was a pilot to allow it in the US itself.

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

#56

Post by nrmitchi »

0xy wrote: post #20

This is to close the common loophole where people would fly into the US on an ESTA, B-2 or another temporary visa "without immigration intent" (fraud) and then marry a US Citizen and adjust status. On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted…

It is absolutely NOT specific to the very limited situation you are describing, which is already a big red flag when processing applications.

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

#57

Post by hobonation »

outside1234 wrote: post #21
bradreaves2 wrote: post #13

Is this intended to ensure that students and H1-Bs will not have a path to residency unless they disrupt their lives here?

It is intended to disrupt immigration full stop and especially brown immigration.

[flagged]

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

#58

Post by grahamgooch »

ceejayoz wrote: post #31
grahamgooch wrote: post #26

This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people. F1 and h1 are non-immigrant visa. American law only allows a person to reside in the country with one Visa type. The green card is an immigrant visa - and the new visa is issued through an adjustment of status fo…

Why is it "nearly immediately" at a consulate but "backlogged" in the US? Why can't that be fixed?

Because America only has a few processing centers in within the US where is that literally hundreds and hundreds of consulates that can now take on this activity they have always been doing this activity but the vast majority of the backlog is caused by the slow processing of the US processing centers.

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

#59

Post by freediddy »

rafram wrote: post #22
0xy wrote: post #20

This is to close the common loophole where people would fly into the US on an ESTA, B-2 or another temporary visa "without immigration intent" (fraud) and then marry a US Citizen and adjust status. On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted…

Maybe it does close that loophole, but the effects are much, much broader and more harmful: https://www.cato.org/blog/dhs-quits-granting-green-cards-alm...

This article is intentionally misleading.

Department of Homeland Security is no longer processing Green Cards via AOS. That included UCSIS.

However the STATE DEPARTMENT is still processing it via Consular Processing.

The article makes it sounds like the US is no longer offering Green Cards which is false.

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

#60

Post by 0xy »

nrmitchi wrote: post #56
0xy wrote: post #20

This is to close the common loophole where people would fly into the US on an ESTA, B-2 or another temporary visa "without immigration intent" (fraud) and then marry a US Citizen and adjust status. On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted…

It is absolutely NOT specific to the very limited situation you are describing, which is already a big red flag when processing applications.

"USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status"

https://www.uscis.gov/sites/default/files/document/memos/PM-...

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