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- Hacker News
- 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 to even hear your case.
- parents may stay in that country but what if kids run out of their visa? A number of countries offer citizenship via parents e.g. Indian parents can obtain Indian citizenship for their kids but it also means letting go of the kids' US citizenship. And what if the parent's country does not have such mechanism?
It's completely illogical that a person must first stay in a country for 5 years to become eligible for a green card and then leave for x years to get a green card to come back !! this is just a tactic to get non-immigrant visa holders out of the country.
by seshagiric - 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 strength of America has always been its ability to draw immigrants. People that are willing to leave their families, cultures, etc behind are generally a cut above the average and it shows. The US is being, in a word, stupid and we are already paying the price for it and will for generations to come.
by jmward01 - 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, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. 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.
- So much of the US immigration process is built around punishing and exploiting. The primary reason for the strong border is allowing farms and construction companies to find cheap labor which can't complain about mistreatment.
It helps that a decent portion of the population hates and/or is fearful anyone different from themselves. That is what's allowed for these even more draconian and brutal measures.
by cogman10 - This is a really horrible policy and I personally know a fair few people and families that are going to have their lives upended by this.
On the other hand I've always wondered if most of America's competitive advantage at driving tech innovation hasn't simply been through capturing the ROI of other more social minded countries investing in public education. It could be a massive long term benefit to Europe and Asia especially if they get to keep the talent they created, and more globally distributed innovation seems like it could have some benefits to global welfare.
by koalaman - This news has to be read alongside the immigration visa emission pause for 75 countries by DOS[1].
Since USCIS is blocking Adjustment of Status, and the Department of State is blocking green card emission for citizens of 75 countries, this means that if you are from the following countries you are effectively banned from getting a Green Card:
Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.
[1] https://travel.state.gov/content/travel/en/News/visas-news/i...
by fredrb - 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 more years, even though me and my wife have been in the US for combined 25+ years, and paid over $100,000 in taxes last year alone, and it's jarring to imagine what the administration will come up with next to make the process less straightforward than it seems.
Most disturbing is the fact that a lot of people I know who climbed the same ladder will go out and cheer what the administration is doing.
by esalman - 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 the long-established default, and that "adjustment of status", where your immigration/green card status changes while you're already in the US, is merely an extraordinary exception and "a matter of discretion and administrative grace." Even though applying for a green card while in-country (an "adjustment") seems like the only sane and reasonable process.
It feels goofy watching them marshal decades of prior case law to try to frame this as just a "reminder" rather than admitting this is a real change. (Since changing laws is harder I assume)
by varenc