Immigration Reform

[LnS 1]

Okay, so I've read that Congress is about to make a strong push to pass an immigration bill through this year. Now, I find it highly unlikely that this will actually happen. I've also heard from a couple immigration lawyers that it's unlikely to affect the K-1 process, but let's say just for argument's sake that it does go through and it does change the K-1 somehow. My question is if a change to the process that negatively effects the K-1 visa is in the bill, how would this effect petitions that have already been filed? I think I remember reading a few past posts where people who had already filed their petitions when the IMBRA law passed got RFE'd. What do yall think? Any thoughts or concerns on this?

[zenaxe 22]

Okay, so I've read that Congress is about to make a strong push to pass an immigration bill through this year. Now, I find it highly unlikely that this will actually happen. I've also heard from a couple immigration lawyers that it's unlikely to affect the K-1 process, but let's say just for argument's sake that it does go through and it does change the K-1 somehow. My question is if a change to the process that negatively effects the K-1 visa is in the bill, how would this effect petitions that have already been filed? I think I remember reading a few past posts where people who had already filed their petitions when the IMBRA law passed got RFE'd. What do yall think? Any thoughts or concerns on this?

I honestly believe that there is very little value in this kind of speculation. In the first place, there is nothing to inform what the actual reform might be nor how it may even impact future cases or those in presently in the system. You're essentially asking people to guess and that's exactly what you will get, guessing. Unfortunately, guesswork has no substance and may likely leave you feeling unnecessarily better or even worse.

Unless you want general speculation akin to walking around blindfolded in the dark wondering which direction is north, I'd wait for factual information and at least then informed decisions can be made.

Just my humble perspective.

Edited April 24, 2010 by zenaxe

[LnS 1]

My real question I guess is can a change in the legal process effect a petition that has already been filed? Or would it only apply to new petitions filed after the law has passed?

[JimVaPhuong 4,863]

My real question I guess is can a change in the legal process effect a petition that has already been filed? Or would it only apply to new petitions filed after the law has passed?

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements. As you previously noted, people did get RFE's for the IMBRA declaration statement because the law went into effect after their petitions were submitted, but before they were approved. Likewise, if someone submitted a K1 petition before the new fees go into effect, but their fiancee doesn't interview until after they go into effect, then they'll end up paying the new fee.

You roll the dice, and you take your chances.

[norrin 3]

You find it doubtful anything will pass? Obama will just sign an executive order, no need for congress. As how this will affect K-1? It won't, those of us who are legal and did it legally will get nothing those breaking the law will get amnesty so they can pay taxes to pay for obamacare so they can all be covered and tax the system so the country can go bankrupt just like California..sorry just venting

[Brad and Vika 129]

Changes to K-1 requirements and processes will likely be prospective, so your current petition will proceed without changes.

[pushbrk 12,105]

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements. As you previously noted, people did get RFE's for the IMBRA declaration statement because the law went into effect after their petitions were submitted, but before they were approved. Likewise, if someone submitted a K1 petition before the new fees go into effect, but their fiancee doesn't interview until after they go into effect, then they'll end up paying the new fee.

You roll the dice, and you take your chances.

My recollection is a bit different with respect to the bold above. This IMBRA issue of getting RFE's for declarations was due to USCIS updating the I-129F to comply with IMBRA, several months AFTER the law went into effect. Those who filed before the effective date didn't get RFE's but those who filed with the non-compliant (only available) form, DID get RFE's.

This part is absolutely correct though.

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements.

[JimVaPhuong 4,863]

My recollection is a bit different with respect to the bold above. This IMBRA issue of getting RFE's for declarations was due to USCIS updating the I-129F to comply with IMBRA, several months AFTER the law went into effect. Those who filed before the effective date didn't get RFE's but those who filed with the non-compliant (only available) form, DID get RFE's.

This part is absolutely correct though.

It depends on...

1. When the law goes into effect.

2. What stage(s) of the process are affected by the law.

3. What stage of the process you are currently in.

If the legal requirements change before you get to a particular stage in the process, then you will have to meet those new requirements.

Ok. Thanks for correcting me!

[zenaxe 22]

You find it doubtful anything will pass? Obama will just sign an executive order, no need for congress. As how this will affect K-1? It won't, those of us who are legal and did it legally will get nothing those breaking the law will get amnesty so they can pay taxes to pay for obamacare so they can all be covered and tax the system so the country can go bankrupt just like California..sorry just venting

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.

[pushbrk 12,105]

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.

Tell Bart Stupak, Obama didn't sign (you sign, not pass an executive order) any executive orders.

Anyway, this is all pretty much useless speculation. Any immigration reform that smells even the least bit like amnesty is a toxic issue at this time and highly unlikely to move forward by law OR executive order in the current political climate. I WOULD expect some fairly quick action in 2013 if Obama is re-elected though.

[JimVaPhuong 4,863]

Well for the record the President has required congress to pass every single piece of legislation yet and hasn't passed any 'executive order' since taking oath. Not sure where you get your infomation from.

Actually, President Obama signed several executive orders the day he was inaugurated. He signed several more the following day. He's signed 48 executive orders since taking office. This is no big deal, as it's part of the responsibility of any executive to issue orders, and every president has done so since the country was founded. It wasn't until the early 20th century that the Department of State started categorizing and numbering these orders retroactively back to Lincoln. President Obama has used the executive order less than his predecessor (so far), but it would be practically impossible to run the Executive Branch of the federal government without issuing an occasional order.

http://www.presidency.ucsb.edu/executive_orders.php?year=2010&Submit=DISPLAY

(Select "2009" to see the rest of them.)

[SuperDuper! 230]

[Brad and Vika 129]

Actually, President Obama signed several executive orders the day he was inaugurated. He signed several more the following day.

Right. I seem to remember an order closing the Al Qaeda Hilton down in Cuba. What happens if an Executive Order is signed, but the orderees are unable to comply? Just curious.

[JimVaPhuong 4,863]

Right. I seem to remember an order closing the Al Qaeda Hilton down in Cuba. What happens if an Executive Order is signed, but the orderees are unable to comply? Just curious.

Yeah, he signed three orders related to detainees the day after he was inaugurated. One of them was an order to close down the detention center at Guantanamo Bay within a year.

What happens is generally nothing. An executive order does not have the weight of law - a point which was repeatedly made when he signed an executive order promising that no federal funds would be used to pay for abortions in order to sway Bart Stupak and his followers to vote for the health care bill.

The President can only issue orders to departments that fall under the Executive Branch of the federal government. If they don't comply then about the only thing he could do is start firing people, starting with the cabinet level official at the top of the food chain. This didn't happen in the case of Gitmo because many of the President's better educated advisers told him that you can't close a prison unless you have somewhere to send the prisoners.

Anyway, DHS (and therefore USCIS) are under the Executive Branch, so the President could issue an executive order that would affect immigration. However, if his order is contrary to US law, then the other two branches of the federal government can intervene. The Judicial branch could order the department not to comply unless the Legislative branch changes the law.

[LnS 1]

Thank you all for the very informative responses!

Hopp, that's a hilarious picture by the way!