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

nytimes.com

991–1000 of 1001 posts

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

#992
post #443

The internal memo on this is interesting: https://www.uscis.gov/sites/default/files/document/memos/PM-... Essentially they're trying to change the rules by aggressive re-interpretation of the existing legal framework, and not actually changing any laws or regulations. I don't follow all of it, but it seems to be arguing that the "ordinary consular process", leaving the country and applying for a visa from abroad, is…

I wonder why all of this

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

#993

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…

For anyone wanting to loose the time on this discussion ok. But this account is weird AF. Look all the interactions and comments this user appears. Probably the bots or the comment army got to hacker news.

A way to silence people is to cause commotion so people get dizzy by the noise.

There is no menace. There was no evil plan. There was nothing like that. Accusing others of what you want to do is a classical trick.

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

#994
post #945

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…

What's with tax thing? Is it only paid in US? Are they not supposed to pay taxes when they have taxable income? If one paid 100K+ in taxes I assume one had opportunities to make such high income by being in US which one can be thankful for. > On the other hand, we cannot apply for citizenship for 3 more years, ... I am sorry but I am just seeing too much of an entitlement here.

I'm also seeing a lot of broken promises here.

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

#995
I've read through many comments. Like true HN-ers, they are trying to understand this change in terms of logic, reasoning, cost / benefit, and so on.

This is missing the point. The arbitrariness, cruelty, racism, xenophobia, etc. is A DESIGN FEATURE, NOT A BUG.

I hope this may help youngsters in this terrible situation understand what is happening. Since at least the 1980's, if not earlier, one American political party has been using racism as a part of their platform. They used to do this in coded "dog whistles" before. The earlier targets were mostly Black Americans (they still are, if you look at what the Supreme Court just did with their voting rights).

Now it is all out in the open. The racist beast needs to be fed continually with fresh targets. Gay Americans were another target group. More recently it is undocumented South Americans. The most recent target is .. foreigners (especially non-white non- Christian).

Don't look for logic and reasoning in all this, in the abominations. Take a deep breath, and a long walk. Evaluate if it is worth dedicating your life and career contributing to the beast, and living in constant uncertainty of your legal status, unable to travel, and so on. You are worth way way more than that.

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

#996
That's right. Many people obtain visas with the clear intention of changing their status, which is illegal, and so far, authorities have turned a blind eye to it. The typical progression is: people come on a J-1 visa, join a language cours to get an F1 visa, then drag it for as long as possible, graduate, which gives them the opportunity to work on campus for a short period of time, meanwhile, try to get married, or pay somebody to marry them fictitiously, or try to get an H-1B, which is almost impossible, or, in most cases, stay illegally, but now they have an SSN, and a driver's license, which nobody checks if they are authorized to work, so, there millions of people with SSNs and DLs, whose stay is completely illegal, and it's not too hard to identify them, but so far this illegal situation has been silently tolerated. Okay, if you knowingly allow violation of the law, then change the law so that people don't live with the sense of being unlawful residents! Oh, I forgot that illegal residents can have legal children and later on get green cards as parents of U.S. Citizens. All these scenarios are well known, including the abuse of L-1 visas by outsourcing companies, but, as I said, it's been tolerated.

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

#997
post #813

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…

It sounds like your wife came to the US on an F1 visa, you got married and are now filing or have filed for I130+I485 for her. I assume too that you were a US citizen. These facts may not be correct. IANAL but I absolutely think you should be forking over the money for an immigraiton lawyer and that was true before this memo came out. I've seen so many people who call their cases "simple" or "straightforward" but 2 m…

1. Born in typical midwest American town from American parents also born in the US just as their parents (at least 4 generations) 2. Nope, met after arrival. 3. Studies completed and employed legally. 4. "How soon after her last entry to the US did you get married" - actually maybe an issue, we just happened to travel internationally before deciding to get married sooner. But it would be silly to not return to the country you live and work in just because you took a vacation. 5. CBP doesn't even ask questions when you re-enter with valid visa documentation. 6. No previous marriages of either party. 7. No criminal history, not even a speeding ticket. 8. Nope, went to school, graduated, started working, so on.

We live together and spend >90% of our non-working time together so I can't imagine an interview being a problem.

As you can see, besides maybe the "crime" of taking an international vacation, our case is as simple as it should be.

> Also, anecdotally, USCIS seems to be taking advantage at interviews of people who don't have a lawyer by threatening the citizen to withdraw the case or by getting the citizen or immigrant to agree not facts that aren't in evidence or aren't true and then using those facts to deny or delay the case.

I mean that's really the issue. USCIS appears to be intentionally adversarial.

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

#998

Earlier quoted context omitted.

Look, I’m an immigrant. You know the risks you take when you come to the US on a non immigrant visa. We all choose to play the game and nothing is guaranteed. I would’ve considered reckless to have a kid in the US knowing that my status is not stable without having an alternative plan. We need to face the facts and stop acting like we immigrants were victims of some bait and switch and must be protected from any fall…

But Republicans also don’t believe in abortion and have made it illegal in half the country. So what’s a pregnant immigrant to do ?

Use a condom. If you’re smart enough to figure out a temporary visa, you’re smart enough to understand conception.

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

#1000
post #443

The internal memo on this is interesting: https://www.uscis.gov/sites/default/files/document/memos/PM-... Essentially they're trying to change the rules by aggressive re-interpretation of the existing legal framework, and not actually changing any laws or regulations. I don't follow all of it, but it seems to be arguing that the "ordinary consular process", leaving the country and applying for a visa from abroad, is…

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