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USCIS Will Grant 'Adjustment of Status' Only in Extraordinary Circumstances

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary
40•arrowleaf•52m ago

Comments

enraged_camel•37m ago
This is an absurd change that will have catastrophic consequences in both academia and the private sector. Even if you're a US citizen who is "America First", you will feel the impact, and it will be net negative.
commandlinefan•11m ago
I doubt it. We've seen time and time again that what the USCIS considers "extraordinary" are actually very, very ordinary circumstances. Anybody with proof of employment will qualify.
arrowleaf•7m ago
Only after losing in court, time and time again. This will take expensive lawyers and a lot of heartache to get any clear answers.
bradreaves2•34m ago
Is this intended to ensure that students and H1-Bs will not have a path to residency unless they disrupt their lives here?
hgoel•31m ago
Isn't this about applying for a green card directly from a non-immigrant visa, e.g. student? H1-B is an immigrant visa.
bradreaves2•26m ago
H1-B is defined as “non-immigrant.” https://en.wikipedia.org/wiki/H-1B_visa
sokoloff•23m ago
> H1-B is an immigrant visa.

I don't believe that's correct. H1-B is formally a temporary, nonimmigrant work visa/status which permits "dual-intent" (meaning a holder can be openly seeking permanent residence when applying for [or when on] such a visa without that dual intent being immigration fraud).

outside1234•21m ago
It is intended to disrupt immigration full stop and especially brown immigration.
mothballed•29m ago
This appears to close off the method by which all the "dreamers" I'm familiar with got GC/citizenship, which is by marriage.
boredatoms•27m ago
Is this just for when applying for I-485 that you have to make a quick entry/exit trip,

or is it effective all the way back at I-140 time where people would then need to spend years away from the US?

0xy•22m 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.

rafram•19m ago
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...
0xy•16m ago
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-...

beej71•17m ago
Given our population problems, I can't think of a single rational reason why we'd want to stop this from happening.
BrokenCogs•8m ago
No, this also effects anyone under employment based immigration petitions unrelated to marrying a US citizen.
wesleyd•18m ago
When I renewed my H1B visa (I think after three years), I had to leave the US to do it. I couldn't renew it from inside. The permission to work got renewed just fine - I could just keep on working for another three years - but if I left after the first visa expired, and wanted to come back, I would need a new _visa_ (thing stuck into my passport) to come back, and I could only apply for that while outside the country.

I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed.

When I applied for AOS form H1B to Green Card, I didn't have to leave the US. With this change, I would have had to. The only reason I can think for this change is that denials of AOS would now become unappealable. I hate this.

nutjob2•8m ago
This is just Trump trying to torture immigrants likely due to the psychopath Steven Miller.

In general the law applies equally to everyone associated with the US in any respect so you get due process (in theory) regardless. Specific laws may apply to different classes of people though (see 'enemy combatants').

grahamgooch•15m ago
This is a good thing. Adjustment of status for those within the USA is backlogged- by years for people from certain countries. Going to the home consulate for the final stamp will save years for many people.

F1 and h1 are non-immigrant visa.

American law only allows a person to reside in the country with one Visa type.

The green card is an immigrant visa - and the new visa is issued through an adjustment of status for those inside the USA (backlogged) or by consulates (nearly immediately).

So this is a good thing. It’s easy to get alarmed.

ceejayoz•11m ago
Why is it "nearly immediately" at a consulate but "backlogged" in the US? Why can't that be fixed?
freediddy•8m ago
USCIS serializes it and they have a limited number of workers. CP shards it based on country so it will be much faster for many people.
arrowleaf•10m ago
From what I've gathered, the consular route is nowhere near immediate, especially if they are from one of the countries typically backlogged (e.g. India). You're saying that someone who gets married while on F1 + OPT/STEM should leave with their partner, potentially for months if not years, while pursuing the consular route.
kylehotchkiss•9m ago
Consulates are not nearly immediately. You have to wait months-years for appointments at some.
ryandrake•14m ago
Looks like this means if a US Citizen marries someone who visited on a non-immigrant visa without the intention of getting married, the US government will now force the family apart for an unknown amount of time, potentially forever, instead of allowing the spouse to stay while the I-485 is processed.

I wonder how this would work with a K-1 "Fiancé" Visa. Typically a K-1 holder can enter the country as long as they get married within 90 days, and then the family stays together while the I-485 is processed. Now what? Come to the USA, marry the US Citizen, and then you're banished back to your home country?

There's also the K-3 which lets the foreign spouse enter as a non-immigrant to keep the family together while the I-485 is processed. Are they getting rid of that entirely?

This is all totally bonkers, likely not well thought out, and pretty cruel to families, which is completely on-point for this Administration.

mothballed•9m ago
The reason why you allow married people to adjust status is because it's absurd to actually expect a spouse not to just break the law and harbor their illegal immigrant spouse. They are going to choose to break the law rather than kick their spouse out and have them apply from overseas. Maybe they deserve to be punished when inevitably that happens en masse, but one has to consider the societal effects of creating a bunch of criminals over what amounts to an administrative fuck-fuck game over a spouse who was already determined to be admissible to the US.
electronsoup•8m ago
> likely not well thought out

Or it has been, and cruelty is the point

cozzyd•5m ago
I wonder how this would have applied to Melania
daft_pink•4m ago
I think if you enter on a B1/B2 tourist visa, you should not be allowed to adjust status to a green card except in extraordinary circumstances. I’m not so sure about other non-immigrant visas.
arrowleaf•13m ago
Curious to know how this will affect immigrants who arrived on a student visa, receive OPT to stay while working, and then subsequently get married. I know many top performers at my company who are in that boat, especially from India, who have built lives here during their OPT + STEM. It would be a shame to lose them if they have to go back to India and wait years (if not decades) for a green card or H-1B.
alephnerd•10m ago
Silver lining is it'll be good for India and accelerate the opening of new offshore centers/GCCs.

The Great Recession and the China GC backlog in the late 2000s and early 2010s acted as a similar push factor on top of the Thousand Talents program (which India recently started emulating as well).

Brexit played a similar role in helping initiate a reverse brain drain back to Poland and Romania in the late 2010s as well.

freediddy•10m ago
No. This is the last stage of the Green Card process. When you do Consular processing you make an appointment at the US embassy or consulate in your country, go do the interview and then you are granted the GC on the spot. Then you fly back. You don't need to fly back for years, it's only for the purpose of the interview at the consulate.
freediddy•11m ago
All this means is that I485 is no longer allowed and everyone needs to do Consular processing. It doesn't mean that Green Cards are no longer being processed.

I did consular processing when I got my Green Card. It's the FINAL step fo the GC process. You don't need to be outside the US for all the other stages, in fact I think if you leave during some parts, it would be considered abandoning your application. It just means that while you're in the US, you need to schedule an appointment at the US embassy/consulate in your home country, and fly back. Then you go through the appointment and there on the spot you're approved or rejected. It's a big nerve wracking but unless you lied you will be fine. Then you fly back to the US.

For me CP was much much faster, on the order of months.

daft_pink•6m ago
I think in specific visa circumstances, an i485 will still be required such as K1 visa which is granted outside the country and then by nature of a K1 visa, adjustment to green card must happen within the United States.

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