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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

#931

Post by FireBeyond »

rayiner wrote: post #923
tootie wrote: post #722

Earlier quoted context omitted.

They have repeatedly taken incredibly broad if not downright delusional interpretations of legal precedent and used them to set policy. They literally tried to override a constitutional amendment (birthright citizenship) with an executive order. They have been laughed out of court many times but have won a shocking number of these ridiculous cases. This is just another one. Set the maximal policy that they want and m…

[flagged]

As is the K-1 fiance visa. Talk to us of how the purpose of the K-1 fiance visa is a "nonimmigrant" visa that is for people to be allowed "temporarily" into the US to see their spouse, and that it is "delusional" to think that that might be a path to permanent residency with their spouse.

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

#932

Post by jmyeet »

rayiner wrote: post #925
skeeter2020 wrote: post #633

Earlier quoted context omitted.

Adjustment of Status has been on the books since the start in the 1950's, and was greatly expanded leading into what might turn out to be the high point of the country in the late 90's and early 2000's.

What “the books” say is that H1B is a “nonimmigrant” visa for people “temporarily” in the U.S. It’s right there in 8 USC 1101(a)(15)(H). “Adjustment of status” is an option at the discretion of the administration (8 USC 1255(a)): > The status of an alien who was inspected and admitted or paroled into the United States … may be adjusted by the Attorney General, in his discretion and under such regulations as he may pr…

One of two things happened here:

1. You just quoted 8 USC 1255(a) because it's at the top of the USCIS memo without understanding it; or

2. This is just the most ChatGPT comment.

I say this because you clearly don't understand this stuff. From reading your comment history, you're a Trump supporter [1] and you seem to have done the most MGA Thing of being told what your position is and then looking for a justification.

8 USC 1255(a) is a carve-out that basically gives the AG authority to let people adjust. It doesn't go the other way and say the AG can withhold permission to adjust. The entire section details the requirements to adjust, detailing admissibility requirements.

So how did we get from the AG can allow someone to adjust to the AG can override the entire section that details adjustment requirements?

Also, you don't understand what "nonimmigrant" means in relation to your H1B comment. Yes, H1B is a nonimmigrant visa. That just means they're not a lawful permanent resident ("LPR"). It doesn't mean they can't adjust status.

It's a bit like taking the description fo a woman as "non-pregnant" and taking that to mean they're not capable and/or not allowed to get pregnant.

[1]: https://news.ycombinator.com/item?id=48188084

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

#933

Post by drstewart »

Calavar wrote: post #890
drstewart wrote: post #863

Earlier quoted context omitted.

>So with how ugly the US is being right now, what is holding back the remote worker from turning truly remote, at least in tech? Because money and taxes, both of which are unchanged due to this policy And boy wait til you find out how other countries treat immigration and visas. You'll be shocked to learn they're also super racist and don't give everyone citizenship at birth just because of being there! They are, in…

If you're looking for international precedent, this is an old vs. new world issue. Birthright citizenship is rare in the old world, but it is the default for the Americas. Canada, most of Latin America, and a decent part of the Caribbean have birthright citizenship.

Agree, all the old world countries are stupid and all the talent is fleeing from France and the UK to countries like Uruguay and Bolivia

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

#934

Post by infamia »

rayiner wrote: post #923
tootie wrote: post #722

Earlier quoted context omitted.

They have repeatedly taken incredibly broad if not downright delusional interpretations of legal precedent and used them to set policy. They literally tried to override a constitutional amendment (birthright citizenship) with an executive order. They have been laughed out of court many times but have won a shocking number of these ridiculous cases. This is just another one. Set the maximal policy that they want and m…

[flagged]

Because the words temporary amd nonimmigrant don't carry the meaning that you're imbuing into them. Fiance visas operate very similarly to these dual intent H1 visas. You're granted a temporary nonimmigrant status while you pursue a permanent one. The words nonimmigrant and temporary doesn't exclude pursuing a permanent status at all.

In the case of a K-1, it is assumed you will transition from a temporary nonimmigrant status to a permanent status. [1] Requiring folks to move to the U.S., and then go back out of the country to get a green card, only to return again, is absurd. That absurd dance for both K1 and H1 w/dual intents is the reason the laws and guidance provided to agents changed starting in the 50's through the 90's. These changes in guidance to agents are nothing more than a thinly veiled attempt to suppress people coming to the U.S. lawfully, which is absurd and deeply anti-American.

[1] https://www.uscis.gov/family/family-of-us-citizens/visas-for...

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

#935

Post by FireBeyond »

thesmtsolver2 wrote: post #457
thesmtsolver2 wrote: post #361

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.

Wow. Downvotes for stating an obviously verifiable fact. HN is now filled with agenda pushers peddling obvious fake information about the US.

Because while the green card itself has no minimum requirements on time spent in the US, with the exception of the DV program, all of the visas with green card pathways have one. So yes, there is - it's just attached to the visa pathway that determines green card eligibility, not the green card itself.

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

#936

Post by exe34 »

xtracto wrote: post #299
gck1 wrote: post #144

Earlier quoted context omitted.

I'm from one of the countries on the list. Not only is there no way to legally immigrate to the US anymore, but just visiting US once requires me to give an interest-free loan of up to $15k to the US government. Yeah, no, thank you. I never considered illegal immigration, nor will I ever - I value predictable outcomes. But looking at these new rules, I can't help but think that it really punishes people who want to p…

My country is not in the list (Mexico, not that we need to... Americans hate us), but I just cannot comprehend why people would go through all the pain for the immigration process in the US. Actually, it kind of make sense why only the most desperate try to get into the US , people who have something to lose are naturally repelled by the bureaucracy.

Yeah, I'm brown. I'm not even going to visit the US while the turd reich is in power. I had always wanted to visit the Smithsonian.

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

#937

Post by FireBeyond »

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…

As someone who came here on the K-1 (fiance) visa, this would have impacted me as (IIRC) there are two points where I had to adjust status: once, after marriage, to get "Conditional" Permanent Residency, and after two years of marriage, to "remove conditions" on my residency.

I get being out of the country for the initial application (the consular officer in Sydney explained that it typically had to be filed by the sponsor, while the sponsor was in the US and the applicant was overseas, so that there was "no" concerns on coercion, etc.), but this... oof.

> Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).

And then of course the $85 biometrics fee every time you talk to USCIS, which could be multiple times in the process.

> Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms). I wish they would just have a simple fast lane for the 100% legal, non-complicated case.

It would have been cheaper, and faster, for me to have come here from Australia on the visa waiver program (which says "no marrying a USC"), married my partner, said to USCIS "oops, my bad, can I stay anyway?" and go through -that- process, than the proper K-1.

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

#938

Post by throw-the-towel »

jmward01 wrote: post #752

I personally can't understand anyone wanting to move to the US anymore except for extreme reasons. And, yes, I have actually lived in several other countries so I know how green the grass can be in different places. So with how ugly the US is being right now, what is holding back the remote worker from turning truly remote, at least in tech? For clarity here, I don't think this is a great direction. A massive strengt…

> So with how ugly the US is being right now, what is holding back the remote worker from turning truly remote, at least in tech?

I think you haven't applied to remote jobs. Almost all of them only hire within $country.

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

#939

Post by seanmcdirmid »

FireBeyond wrote: post #937
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…

As someone who came here on the K-1 (fiance) visa, this would have impacted me as (IIRC) there are two points where I had to adjust status: once, after marriage, to get "Conditional" Permanent Residency, and after two years of marriage, to "remove conditions" on my residency. I get being out of the country for the initial application (the consular officer in Sydney explained that it typically had to be filed by the s…

I’m pretty sure you can both be out of the country, at least me and my wife were. We were married long enough to get a fast track though, according to the rules at the time.

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

#940

Post by throw-the-towel »

johndevor wrote: post #622
seshagiric wrote: post #301

This is just reckless without any responsibility. A number of people, especially in tech sector, legally stay in US while their GC is being processed. They have kids born in the USA. If such people were to leave USA to seek green card: - the kids must first get visas to their parent's countries - once reaching the other country, consular offices now have multi year wait lines for getting an appointment with a office…

How is it logical that their kids get birth right citizenship when their parents don't have it?

Children integrate into the country so much more easily.
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