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

nytimes.com

731–740 of 1001 posts

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

#731

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…

Intentionally malevolent is kind of their thing in this administration

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

#732
post #666

Earlier quoted context omitted.

It’s a shame that I had to scroll past pages of invective and name-calling to get to your comment, which is the first one to substantively deal with the policy change. Like you, I tend to think this is a ham-handed move, but like one of the sibling comments, I also have to acknowledge that it’s common for other nations to require change-of-status applications happen outside the country. For example, Japan requires th…

I think one of the primary divergences of thought happening here is whether H1B is indeed a temporary visa or whether it was meant to be a stepping stone to a green card. H1B is only 36 years old. The Immigration Act of 1990 always meant it to be a temporary status, which is why it is so easily imperiled.

[deleted]

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

#734

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.

All of my interactions with German immigration have not only happened in Germany, but at an office in the town I was living in at the time: the initial residence permit application, the first renewal, and the renewal where the Beamterin (government employee) helpfully pointed out that as the spouse of a German citizen, I had been resident long enough to go ahead and apply for a Niederlassungserlaubnis (permanent residence; aka, German equivalent of a Green Card).

Six weeks and 255 Euro later, it was in my hand. I have to “renew” it every ten years, but that’s only because the card needs to match my US passport number (and means I don’t have to carry that book around); there’s no interview or document gathering.

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

#735

Earlier quoted context omitted.

> It's completely illogical that a person must first stay in a country for 5 years to become eligible This is wrong. There is no minimum time in the country for a green card. You are thinking of citizenship. That is different.

> This is wrong. There is no minimum time in the country for a green card. You are thinking of citizenship. That is different. You are incorrect. What you said is technically true in that there is no statute that requires it, but in practice , OP is correct. It varies depending on the country of origin, but in the case of immigrants who hold citizenship from India, which is the country OP mentioned, you can likely ex…

You absolutely have to wait several years, but the point they were making is, there is no requirement to have ever worked IN the US or held any nonimmigrant visa to get a green card. The way the law was originally written, both the employment and family green card categories are standalone. They require work/research accomplishments, but there is zero requirement that that work was ever done in the US or for a US company.

Because it takes so long, in practice the issue is that for anyone to sponsor you, they want you working for them during that time, and so that's why it often looks like someone gets an H1B and then "graduates" to a green card.

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

#736
post #666

Earlier quoted context omitted.

It’s a shame that I had to scroll past pages of invective and name-calling to get to your comment, which is the first one to substantively deal with the policy change. Like you, I tend to think this is a ham-handed move, but like one of the sibling comments, I also have to acknowledge that it’s common for other nations to require change-of-status applications happen outside the country. For example, Japan requires th…

I think one of the primary divergences of thought happening here is whether H1B is indeed a temporary visa or whether it was meant to be a stepping stone to a green card. H1B is only 36 years old. The Immigration Act of 1990 always meant it to be a temporary status, which is why it is so easily imperiled.

Yes, it's temporary, but the 1990 act explicitly established dual-intent, which clearly made the visa eligible for adjustment of status under INA 245. Nobody is really debating that fact, but the announcement memo is also not clear about what they're going to try to do in terms of actual administrative process.

Part of the noise around this topic is that the administration just announced something vague with no detailed guidance, which leaves the door open for bad-faith interpretations by everyone.

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

#737

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…

> Whoever thought of this is either intentionally malevolent or inexcusably incomprehending of the immigration process.

It's always weird to me to see confusion/uncertainty such as this.

It's intentionally malevolent. Obviously. MAGA types hate immigration. They make a lot of noise about illegal immigration, but the fact is that they hate all kinds of immigration (unless you're white-looking and conservative enough). Anything they can do to make it harder for non-citizens to stay in the US is exactly the point for them.

And more the better if they can sow fear and threat of cruelty while doing it. That's their playbook. It's MAGA 101.

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

#738

Earlier quoted context omitted.

The cruelty is the point. They want people to leave so they can refuse to allow them back in. That's the goal. It's not more complicated than that.

That isn’t cruelty. It’s immigration policy that the rest of the world already has

That's not true. If I'm in Japan on a work visa, for example, I don't need to leave the country to apply for permanent residency. And Japan is not a country famously welcoming of immigration.

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

#739
post #519

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…

I don't think it applies to folks on H or L visas. Wording from the site: "Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. "

"Non-immigrants" is a legal term that means surprisingly more than you think. People on H visas, for example, are "non-immigrants" and would fall under this.

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

#740

Earlier quoted context omitted.

The cruelty is the point. They want people to leave so they can refuse to allow them back in. That's the goal. It's not more complicated than that.

If you come to the U.S. on a visa that’s explicitly labeled a “nonimmigrant” visa for people who are “coming temporarily to the United States to perform services,” then it’s not “cruel” to actually enforce that. Those words are literally in the law.

The law doesn't describe reality, though. The so-called "non-immigrant" visas are really not that. "Non-immigrant" has a specific legal meaning, and like many legal terms, they don't match up with what you might consider everyday usage of the term.

And even if they were truly non-immigrant, who cares? If someone comes to the US, does good, useful work, and stays out of trouble, I want them to be given the opportunity to stay permanently. You may not, perhaps, but, well... I don't care.

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