Possible Changes of the US Immigration system and laws?

[firebird00 66]

With the US presidential elections coming soon and some candidates pointing a lot at the immigration and immigrants in the US, is it possible that the "legal" immigration system may face new major changes? Such as cancellation of K-1 Visa, cancellation of some waivers such as in some cases the US spouse dies before ROC, or cancellation of the divorce waiver?

How do this really work? Does the US president get to decide everything related to that on his own and rule it or the Congress gets to vote if a bill can pass or not?

Is any of the immigration laws falls under the American constitution or in another meaning it is protected by the constitution and can not be changed that easy?

[Transborderwife 4,666]

Immigration isn't constitution protected to my knowledge. It's a privilege not a right to get family here, spouses included. I doubt that they'd cancel anything that would dis encourage marriage.

[firebird00 66]

Immigration isn't constitution protected to my knowledge. It's a privilege not a right to get family here, spouses included. I doubt that they'd cancel anything that would dis encourage marriage.

Do you know how does such changes really happen? Who has the final word on it the president or the Congress?

[Transborderwife 4,666]

Do you know how does such changes really happen? Who has the final word on it the president or the Congress?

I believe congress

[lilsweetie 30]

I worry about stuff like that too, so that is why I am applying for my son's N600 to have the Certificate of Citizenship not just a passport in case things change down the road.

[Pitaya 2,576]

With the US presidential elections coming soon and some candidates pointing a lot at the immigration and immigrants in the US, is it possible that the "legal" immigration system may face new major changes? Such as cancellation of K-1 Visa, cancellation of some waivers such as in some cases the US spouse dies before ROC, or cancellation of the divorce waiver?

How do this really work? Does the US president get to decide everything related to that on his own and rule it or the Congress gets to vote if a bill can pass or not?

Is any of the immigration laws falls under the American constitution or in another meaning it is protected by the constitution and can not be changed that easy?

Wishful thinking. There are too many special interest groups that want 'this specific rule' strengthened, or 'that specific rule' weakened, such as, foreign guest workers, or specific divorce waivers, or higher fences, or less deportation, or......?, to get any meaningful comprehensive immigration reform accomplished.

[Hypnos 6,576]

With how dysfunctional Congress is right now, the only thing you can really rely on is that almost nothing will change anytime soon. The exception would be if the Democrats were to sweep the elections in November and win both the Presidential election and re-gain their majority in the Senate. Short of that, the status quo will most likely be maintained for the foreseeable future.

Edited February 13, 2016 by Hypnos

[JR loves JR 196]

The reason that immigration hasn't had a major overhaul is because Congress is supposed to be the one who passes the laws and the President gets to sign the ones he likes and veto the ones he doesn't. Congress hasn't been able to agree on immigration for a long time. So Obama took it upon himself to reform the system. He made an executive order to introduce DACA and the Supreme Court will be ruling on the constitutionality of it later this year. So I wouldn't worry so much about the new President changing immigration alone. He's supposed to go through Congress... balance of power like the nation's forefathers envisioned. But will stuff change, I would expect some changes but I wouldn't expect them to be implemented in the next two or three years. And then when they are, I bet they focus on tougher background checks (so longer processing times) and reforms to the visa waiver program.

[firebird00 66]

Wishful thinking. There are too many special interest groups that want 'this specific rule' strengthened, or 'that specific rule' weakened, such as, foreign guest workers, or specific divorce waivers, or higher fences, or less deportation, or......?, to get any meaningful comprehensive immigration reform accomplished.

Who can change the waivers for example? The president or the Congress?

With how dysfunctional Congress is right now, the only thing you can really rely on is that almost nothing will change anytime soon. The exception would be if the Democrats were to sweep the elections in November and win both the Presidential election and re-gain their majority in the Senate. Short of that, the status quo will most likely be maintained for the foreseeable future.

What if they didn't and the will be from the republicans, can he change the laws by himself? Or he needs the majority of the Congress votes and does the SCOTUS has also a say in this? What about Naturalization? Can any president cancel the whole process or is it protected by constitution?

The reason that immigration hasn't had a major overhaul is because Congress is supposed to be the one who passes the laws and the President gets to sign the ones he likes and veto the ones he doesn't. Congress hasn't been able to agree on immigration for a long time. So Obama took it upon himself to reform the system. He made an executive order to introduce DACA and the Supreme Court will be ruling on the constitutionality of it later this year. So I wouldn't worry so much about the new President changing immigration alone. He's supposed to go through Congress... balance of power like the nation's forefathers envisioned. But will stuff change, I would expect some changes but I wouldn't expect them to be implemented in the next two or three years. And then when they are, I bet they focus on tougher background checks (so longer processing times) and reforms to the visa waiver program.

what visa wavier program you mean?

[Deagle 494]

I was thinking about that too, also regarding the naturalization. I don't know if most of the changes will be targeting illegal immigrants or immigrants and immigration in general. I guess it's also about the Congress not just the president.

[firebird00 66]

I was thinking about that too, also regarding the naturalization. I don't know if most of the changes will be targeting illegal immigrants or immigrants and immigration in general. I guess it's also about the Congress not just the president.

When is the Congressional election?

[Deagle 494]

When is the Congressional election?

I believe in November 2016 as well as the Presidential ones.

[yuna628 9,527]

I don't believe there will be any changes or serious reforms to immigration anytime soon, commonsense or otherwise. Politics is what it is. If you notice historically, immigration policy hasn't changed too much no matter who is President, who is in Congress, and what political party is in power and complaining/or not complaining about it at the time.

[firebird00 66]

I don't believe there will be any changes or serious reforms to immigration anytime soon, commonsense or otherwise. Politics is what it is. If you notice historically, immigration policy hasn't changed too much no matter who is President, who is in Congress, and what political party is in power and complaining/or not complaining about it at the time.

I think now it's different. I mean as far as I remember, before there was never a presidency candidate who called to build walls, or to kill families and ban people from entering the country because of their faith, or building a huge wall! That is so un-american. America has always been the pioneer in freedom and rights, and now to see this happening is something so weird.

Edited February 14, 2016 by firebird00

[Boiler 43,397]

I think now it's different. I mean as far as I remember, before there was never a presidency candidate who called to build walls, or to kill families and ban people from entering the country because of their faith, or building a huge wall! That is so un-american. America has always been the pioneer in freedom and rights, and now to see this happening is something so weird.

Bracero Program

Operation Wetback

Chinese Exclusion Act

etc etc etc