A note that it's easy to "overstay" a visa when waiting for a green card interview - the wait times are often in the 6-16 month range, and if you leave the country you'll be considered to have abandoned your "petition to adjust status". It's a catch-22, and it looks like the only recourse is for an immigration lawyer to file a habeas corpus petition in federal court.
SilverElfin•49m ago
I remember reading that depending on which country you’re from, the waiting time can be years or even decades. Is that true? If so that’s crazy and cruel.
TriangleEdge•36m ago
This happened to someone I know. He was working on a TN visa, had his green card approved, and was waiting for an interview. He was not allowed to leave the country, but he lost his job, and had to leave the country because of the 60 days grace period of the visa. Because he left, he lost his green card application.
You both:
1. Can't leave the country because of immigration laws.
2. Have to leave the country because of immigration laws.
someperson•11m ago
A TN visa is explicitly a "non-immigrant visa", there isn't supposed to be a pathway to permanent residency.
It's still possible to through an adjustment of status but the hoops around not leaving the country are much more awkward.
Because permanent immigration is not the intent of a TN visa, it's a loophole.
kaashif•7m ago
You're phrasing this a bit oddly. There isn't any immigration law saying he cannot leave the country.
There is a law saying that if you leave the country you abandon your green card application.
Combined with losing his visa and having to leave the country, this just means that the law says if you lose your visa, you lose your green card application too.
But you can always legally leave the country forever.
poplarsol•4m ago
You absolutely can leave the country. You just aren't entitled to permanent residency as a result.
DrierCycle•1h ago
Declare independence from the administration.
Gabriel_Martin•35m ago
Truly brave feat of public service getting those criminals off the street.
aaronbrethorst•32m ago
Friendly reminder that it's often not possible to differentiate snark or sarcasm from cruel indifference towards fellow human beings on Hacker News.
bfkwlfkjf•9m ago
Obviously sarcasm
mcphage•5m ago
Sometimes yes, but I think in this case the angry sarcasm is clear.
bn-l•12m ago
> with his British wife and their 4-month-old baby
nxobject•1h ago
SilverElfin•49m ago
TriangleEdge•36m ago
You both:
1. Can't leave the country because of immigration laws.
2. Have to leave the country because of immigration laws.
someperson•11m ago
It's still possible to through an adjustment of status but the hoops around not leaving the country are much more awkward.
Because permanent immigration is not the intent of a TN visa, it's a loophole.
kaashif•7m ago
There is a law saying that if you leave the country you abandon your green card application.
Combined with losing his visa and having to leave the country, this just means that the law says if you lose your visa, you lose your green card application too.
But you can always legally leave the country forever.
poplarsol•4m ago