| ▲ | 0xy a day ago |
| 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 to your plans. The correct way to do this is to file a K-1 visa outside the United States, or marry outside then file a IR-1/CR-1. |
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| ▲ | rafram a day ago | parent | next [-] |
| 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... |
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| ▲ | freediddy a day ago | parent | next [-] | | 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. | |
| ▲ | 0xy a day ago | parent | prev [-] | | The article you linked is patently incorrect. It claims "Now, every legal immigrant must leave the country—that is, self-deport—even if they are qualified for a green card and even if leaving would disqualify them.". This is false according to USCIS' memo. It very specifically lays out common exceptions to this, including for legal immigrants on dual intent visas and those whose only pathway to permanent residency is via adjustment of status. It also wildly misinterprets the news to claim that the K-1 visa has been effectively ended, even though the memo specifically excludes it. https://www.uscis.gov/sites/default/files/document/memos/PM-... | | |
| ▲ | throwaway_62022 a day ago | parent [-] | | No the memo specifically says: > However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant
a favorable exercise of discretion. Which basically means that, applying AOS while being in dual-intent category is not favorable and you will have to prove extraordinary circumstance for a simple i-485 AOS on H1B. Lacking the extraordinary circumstance, your application may be denied. What this basically means for millions of people on H1B (especially from countries like India is), they have to go for consular processing. And given the lack of appointments in India and delays they are facing - you could be stuck for months to years and no company is going to wait for you while you go through the process. So leaving would definitely disqualify them. | | |
| ▲ | 0xy a day ago | parent [-] | | Why should H1Bs be exempt from consular processing when nobody else is? K and IR/CR categories MUST do consular processing, which takes 3 years in some cases. H1Bs should jump the queue why? You're arguing that the family of US Citizens should be considered behind temporary immigrant workers with no family ties to the United States, and you should be exempt from the requirements they face. | | |
| ▲ | throwaway_62022 18 hours ago | parent [-] | | You are moving the goal posts. You said this memo does not apply to dual intent visa holders and I proved it does. I am not saying if an exception should be made ffor H1B visa holders or not. I am just pointing out this affects all employment visa types.for countries with long delays in counselor processing this effectively kills any chance of getting Green card because no employer will wait that long. | | |
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| ▲ | BrokenCogs a day ago | parent | prev | next [-] |
| No, this also affects anyone under employment based immigration petitions unrelated to marrying a US citizen. |
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| ▲ | 0xy a day ago | parent [-] | | Only if they do not maintain lawful status, which is what the law says anyway. In fact, it specifically mentions this: "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-... | | |
| ▲ | zippothrowaway a day ago | parent | next [-] | | Footnote 20 on page 4: Footnote 20: However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion | |
| ▲ | BrokenCogs a day ago | parent | prev [-] | | Where in the memo does it say "only if they do not maintain lawful status"? there are plenty of people adjusting under employment based petitions who have non-immigrant visas (eg O-1) which are not dual intent. | | |
| ▲ | 0xy 20 hours ago | parent [-] | | O-1 is a dual intent visa, as is L-1, as is H-1B, so I have no idea what you're talking about? | | |
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| ▲ | beej71 a day ago | parent | prev | next [-] |
| Given our population problems, I can't think of a single rational reason why we'd want to stop this from happening. |
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| ▲ | arrowleaf a day ago | parent [-] | | Our population problems, in that we need immigration to avoid population decline? Our total fertility rate is 1.6. | | |
| ▲ | beej71 a day ago | parent [-] | | Exactly that. And really, it's still not going to be enough. | | |
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| ▲ | nrmitchi a day ago | parent | prev | next [-] |
| It is absolutely NOT specific to the very limited situation you are describing, which is already a big red flag when processing applications. |
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| ▲ | 0xy a day ago | parent [-] | | "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-... | | |
| ▲ | nrmitchi a day ago | parent [-] | | The literal next line after your quote is: > While aliens who were inspected and admitted or paroled may request adjustment of
status, as a general matter the discretionary approval of such a request is extraordinary given
Congress’s intent that aliens should depart once the purpose for which they sought parole or
nonimmigrant admission from DHS has been accomplished. |
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| ▲ | rorylawless 17 hours ago | parent | prev [-] |
| Slight correction here. It is fraud if you intend to stay after getting married. Nobody cares if you get married on a tourist visa and leave the country after. |
