6 ms·

Refusing future applications to adjust status would be one thing (still wrong, in my opinion). The fact that they are canceling pending applications is simply e

Refusing future applications to adjust status would be one thing (still wrong, in my opinion). The fact that they are canceling pending applications is simply evil. There will be so much unnecessary anguish and expense. I really feel for anybody who is now learning they will have to leave and wait years to come live in the US with their spouse, due to overstayed visas which were supposed to be forgiven under the status quo.

coolThingsFirst 4mo ago
Why on earth would they need to wait years?
- lazide 4mo ago
  Says right in the comment.
  - coolThingsFirst 4mo ago
    Consular processing isn't that backlogged for majority of countries that's what i meant.
    - EricDeb 4mo ago
      Do you have any personal experience with the immigration system at all?
    - wtmt 4mo ago
      Is consular processing prioritizing adjustment of status applications? Here in India, as of now, a consular appointment for a B1/B2 non-immigrant visa application is about eight months away. The COVID pandemic was mostly over about three years ago and there’s still not enough processing capacity.
    - behnamoh 4mo ago
      As an Iranian, it took 4 months for me to get a F1 visa. Now it's completely banned.
      - deleted 4mo ago
        [deleted]
    - mynameisvlad 4mo ago
      That's just plainly untrue. https://refugeerights.org/news-resources/new-data-shows-visa-interview-backlogs-at-u-s-consular-offices-around-the-world-lkt-foia https://refugeerights.org/news-resources/new-data-shows-visa... With the raw data from 2023-2024 here: https://refugeerights.app.box.com/s/bizdcdev37oknqdwg8p93afit77rj286 https://refugeerights.app.box.com/s/bizdcdev37oknqdwg8p93afi... USCIS doesn't publish data on consular processing times, but even AoS processing were backlogged 3+ years. https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-123 https://www.uscis.gov/green-card/green-card-processes-and-pr... The majority of consular offices are, in fact, backlogged.
- SyneRyder 4mo ago
  From the article: "Forcing green card applicants to leave will render many green card applicants’ ineligible because, when they leave the United States, they will trigger the 3- or 10-year bars on receiving an immigrant visa based on accrual of unlawful presence."
  - timr 4mo ago
    Yeah, that's a wild leap to conclusions. The "accrual of unlawful presence" is when you overstay a visa, or otherwise stay in the USA illegally. Here's the definition: https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility https://www.uscis.gov/laws-and-policy/other-resources/unlawf... Note particularly the following: > Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence. So unless there's currently a huge backlog of people staying here illegally who are somehow eligible for green cards in spite of this fact, the government changing it's policies to require new applicants do so from overseas is not itself causing these applicants to violate immigration law.
    - handle584 4mo ago
      That note is grossly wrong though, ICE was/is putting them in jail while they appear for immigration hearing at courts.
      - timr 4mo ago
        The note is not “grossly wrong”. It’s from the USCIS website. It’s consistent with many other independent legal sources that you can find with a trivial web search. > ICE was/is putting them in jail while they appear for immigration hearing at courts. You’re talking about a completely different set of events. This policy change was just announced, and it has nothing to do with things that happened months ago.
    - deleted 4mo ago
      [deleted]
jmyeet 4mo ago
This administration is doing things that are illegal. They're getting sued and they're losing. Constantly. But that's expensive and time-consuming for immigrants, which I guess is the point. USCIS doesn't have the authority to just unlawfully deny a case. It can be challenged in court. They can make your life really difficult. For example, they can put you in removal proceedings if you're an overstayer with a petition that they unlawfully deny and then you're out of status. So now you have to go to immigration court, where the odds are stacked against you, and either get your case approved there or get removal proceedings cancelled. And the administration is holding certain people in removal without bond even if they've been here for decades. And some people, like those on ESTA, have waived their right to see an immigration judge at all. They prefer what's called "consular processing" (applying outside of the country vs "adjustment of status" in country) is that it takes way longer and the administration has way more power to arbitrarily deny your case, as is the case with certain current banned countries. The Supreme Court ruled the president's power to limit visas to certain countries can't be challenged. The case was from the first Trump term. It's called Trump v. Hawaii [1]. But one thing they are also doing, which is evil, is taking advantage of people come to a USCIS interview without an immigration attorney. They separate the couple and threaten the US citizen that they're committing fraud and to withdraw the case or they get the immigrant to admit things that are false or they just outright deny the case on faulty grounds because people aren't knowledgeable enough to fight back without a professional. It is evil. [1]: https://en.wikipedia.org/wiki/Trump_v._Hawaii https://en.wikipedia.org/wiki/Trump_v._Hawaii
- ai_slop_hater 4mo ago
  > This administration is doing things that are illegal. They're getting sued and they're losing. Constantly. Source?
  - ohyoutravel 4mo ago
    Court Listener is basically an open source listing of dispositions on essentially all cases, but definitely all major ones. It’s a wonderful resource.
  - carefulfungi 4mo ago
timr 4mo ago
> The fact that they are canceling pending applications is simply evil. Where have you seen this documented? I haven't, and the only government statement I've seen about this was fairly clear that the change is for new applications. I am genuinely asking. I have friends who are going through the process.

coolThingsFirst 4mo ago

Why on earth would they need to wait years?

lazide 4mo ago
Says right in the comment.
- coolThingsFirst 4mo ago
  Consular processing isn't that backlogged for majority of countries that's what i meant.
  - EricDeb 4mo ago
    Do you have any personal experience with the immigration system at all?
  - wtmt 4mo ago
    Is consular processing prioritizing adjustment of status applications? Here in India, as of now, a consular appointment for a B1/B2 non-immigrant visa application is about eight months away. The COVID pandemic was mostly over about three years ago and there’s still not enough processing capacity.
  - behnamoh 4mo ago
    As an Iranian, it took 4 months for me to get a F1 visa. Now it's completely banned.
    - deleted 4mo ago
      [deleted]
  - mynameisvlad 4mo ago
    That's just plainly untrue. https://refugeerights.org/news-resources/new-data-shows-visa-interview-backlogs-at-u-s-consular-offices-around-the-world-lkt-foia https://refugeerights.org/news-resources/new-data-shows-visa... With the raw data from 2023-2024 here: https://refugeerights.app.box.com/s/bizdcdev37oknqdwg8p93afit77rj286 https://refugeerights.app.box.com/s/bizdcdev37oknqdwg8p93afi... USCIS doesn't publish data on consular processing times, but even AoS processing were backlogged 3+ years. https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-to-file-your-adjustment-of-status-application-for-family-sponsored-or-employment-based-123 https://www.uscis.gov/green-card/green-card-processes-and-pr... The majority of consular offices are, in fact, backlogged.
SyneRyder 4mo ago
From the article: "Forcing green card applicants to leave will render many green card applicants’ ineligible because, when they leave the United States, they will trigger the 3- or 10-year bars on receiving an immigrant visa based on accrual of unlawful presence."
- timr 4mo ago
  Yeah, that's a wild leap to conclusions. The "accrual of unlawful presence" is when you overstay a visa, or otherwise stay in the USA illegally. Here's the definition: https://www.uscis.gov/laws-and-policy/other-resources/unlawful-presence-and-inadmissibility https://www.uscis.gov/laws-and-policy/other-resources/unlawf... Note particularly the following: > Asylees and asylum applicants: Generally, time while a bona fide asylum application is pending is not counted as unlawful presence. So unless there's currently a huge backlog of people staying here illegally who are somehow eligible for green cards in spite of this fact, the government changing it's policies to require new applicants do so from overseas is not itself causing these applicants to violate immigration law.
  - handle584 4mo ago
    That note is grossly wrong though, ICE was/is putting them in jail while they appear for immigration hearing at courts.
    - timr 4mo ago
      The note is not “grossly wrong”. It’s from the USCIS website. It’s consistent with many other independent legal sources that you can find with a trivial web search. > ICE was/is putting them in jail while they appear for immigration hearing at courts. You’re talking about a completely different set of events. This policy change was just announced, and it has nothing to do with things that happened months ago.
  - deleted 4mo ago
    [deleted]

jmyeet 4mo ago

This administration is doing things that are illegal. They're getting sued and they're losing. Constantly. But that's expensive and time-consuming for immigrants, which I guess is the point. USCIS doesn't have the authority to just unlawfully deny a case. It can be challenged in court. They can make your life really difficult. For example, they can put you in removal proceedings if you're an overstayer with a petition that they unlawfully deny and then you're out of status. So now you have to go to immigration court, where the odds are stacked against you, and either get your case approved there or get removal proceedings cancelled. And the administration is holding certain people in removal without bond even if they've been here for decades. And some people, like those on ESTA, have waived their right to see an immigration judge at all. They prefer what's called "consular processing" (applying outside of the country vs "adjustment of status" in country) is that it takes way longer and the administration has way more power to arbitrarily deny your case, as is the case with certain current banned countries. The Supreme Court ruled the president's power to limit visas to certain countries can't be challenged. The case was from the first Trump term. It's called Trump v. Hawaii [1]. But one thing they are also doing, which is evil, is taking advantage of people come to a USCIS interview without an immigration attorney. They separate the couple and threaten the US citizen that they're committing fraud and to withdraw the case or they get the immigrant to admit things that are false or they just outright deny the case on faulty grounds because people aren't knowledgeable enough to fight back without a professional. It is evil. [1]: https://en.wikipedia.org/wiki/Trump_v._Hawaii https://en.wikipedia.org/wiki/Trump_v._Hawaii

ai_slop_hater 4mo ago
> This administration is doing things that are illegal. They're getting sued and they're losing. Constantly. Source?
- ohyoutravel 4mo ago
  Court Listener is basically an open source listing of dispositions on essentially all cases, but definitely all major ones. It’s a wonderful resource.
- carefulfungi 4mo ago

timr 4mo ago

> The fact that they are canceling pending applications is simply evil. Where have you seen this documented? I haven't, and the only government statement I've seen about this was fairly clear that the change is for new applications. I am genuinely asking. I have friends who are going through the process.