MEGATHREAD- What does a Trump Presidency mean for visas? (merged)

[N-o-l-a 7,167]

Guys DO you think Trump will Stop all emigrations to US for a while once he go to The White house? will he do that? Specially Muslims?

No.

[sparkles_ 456]

Guys DO you think Trump will Stop all emigrations to US for a while once he go to The White house? will he do that? Specially Muslims?

Stop, no. Make it a lot more difficult.....possibly.

[Anitafeliz 1,133]

This thread...

https://www.facebook.com/benjamin.orozco2/posts/10207106181803177

[zuluweta 250]

Re-re-re-re-restating the obvious.

A more realistic concern in the meantime ought to be whether Obama will try to offer any kind of amnesty or "pardon" to illegal aliens, or again set back the processing of ongoing immigration petitions as occurred after his DACA decree:

http://www.visajourney.com/forums/topic/421247-i-129f-delay-at-the-csc-a-comprehensive-analysis-of-the-data/

What a kick in the teeth either would be to everyone who's going through (or who has gone through) the legal-immigration process.

If Obama tries to issue blanket pardons for groups of illegal aliens, or all of them, we might reasonably expect the legality of those pardons to be challenged (and reversed) by President Trump.

Obama should be challenged in the courts if he oversteps his executive powers and tries to do anything (including pardoning the illegal entries of these people) to legalize these DACA beneficiaries.

Amnesty to these people is a slap to the face of those of us who went through the legal immigration process.

[sparkles_ 456]

Anyone care to chime in on what, if anything, could happen to overstaeyers who have applied for AOS and are pending? Have not seen this mentioned anywhere concerning Trump's plans. Would they be safe if they are in process? In theory.

Edited November 20, 2016 by sparkles_

[Durant200 2]

Sessions is the grandpappy of racism. Dig deeper, you will see crazy things.

What else have you discovered yourself about Sen. Sessions ? He is a strong opponent to illegal immigration , i can totally AGREE

with that. He knows laws and politics, he will be able to do more than you can imagine for the country.

[sparkles_ 456]

What else have you discovered yourself about Sen. Sessions ? He is a strong opponent to illegal immigration , i can totally AGREE

with that. He knows laws and politics, he will be able to do more than you can imagine for the country.

I know a lot more than google news for this one. The fact that I live in the South, have for almost all my life, and it is well known the gentleman had quite a reputation for being somewhat OK the the triple K in my younger years. And no, I do not think it was in a joking tone as he later stated. The man has a record of being fair to blacks in the public eye on a level that is super (I know for a fact he had hands all over desegregating schools in AL), but then you have people testifying against him saying he called a white civil rights lawyer a disgrace to the white race....which he did NOT deny, he only denied calling a black officer worker something. It was all in all enough to get Session denied 30 years ago for a similar position.

He didn't get on his own civil rights kick til after he got denied and the world got all over his case about his remarks. He touts Mr. Charles Pickering (check him out, too) as being a fine human being dedicated to racial harmony, but the catch is that Pickering means don't mix those races to keep harmony....this buddy of Session's defended anti-miscegenation laws, which AL was the last state to get rid of. Oh, and he also didn't characterize the "grab 'em by the p***y" bit as sexual assault...... come on now.

I don't give a toot about this guy's immigration stance, it won't affect us. But he has quite a record of showing veiled distaste for certain types of folk, be it old news or not. A tiger does not change his stripes. Take it from someone who lived in his area, and knew about him BEFORE he got into this nomination.

Edited November 20, 2016 by sparkles_

[Transborderwife 4,666]

Anyone care to chime in on what, if anything, could happen to overstaeyers who have applied for AOS and are pending? Have not seen this mentioned anywhere concerning Trump's plans. Would they be safe if they are in process? In theory.

he has never announced plans against in these cases

[kareelina 42]

We are not sure whether we will be able to enter the country or we will be send back on the same plane we are immidiate relatives and we schedule to travel by the end of January at thate time Trump will be already in the white house, why we said we are nit sure becuase we are African Muslim family and my spouse is African American Muslim we are the two categories that are subjected to Trump's future plan.

We are not sure whether we will be able to enter the country or we will be send back on the same plane we are immidiate relatives and we schedule to travel by the end of January at thate time Trump will be already in the white house, why we said we are nit sure becuase we are African Muslim family and my spouse is African American Muslim we are the two categories that are subjected to Trump's future plan.

[N-o-l-a 7,167]

We are not sure whether we will be able to enter the country or we will be send back on the same plane we are immidiate relatives and we schedule to travel by the end of January at thate time Trump will be already in the white house, why we said we are nit sure becuase we are African Muslim family and my spouse is African American Muslim we are the two categories that are subjected to Trump's future plan.

We are not sure whether we will be able to enter the country or we will be send back on the same plane we are immidiate relatives and we schedule to travel by the end of January at thate time Trump will be already in the white house, why we said we are nit sure becuase we are African Muslim family and my spouse is African American Muslim we are the two categories that are subjected to Trump's future plan.

Did you read this thread or read anything from a valid news source online that would substantiate this fear you have?

[jeharpatel31 6]

Hey guys! Trump just posted a video about his plans for first 100 days in the office. Though, he says that these are just a few of the actions.. Hope it helps.. ?

[millefleur 5,039]

Visa programs that "undercut the American worker"......sounds like work visas are first on the list for reforms then.

[Harpa Timsah 13,258]

He lies and changes his mind all the time, so I don't know how these "statements" are supposed to be helpful. It's just branding and feelgoods with no specifics.

[millefleur 5,039]

He lies and changes his mind all the time, so I don't know how these "statements" are supposed to be helpful. It's just branding and feelgoods with no specifics.

True, but he's going to have to make a decision at some point....I'd imagine his bombastic flying off the handle will materialize into something. Also, going after work visas first seems like the most diplomatic thing to do....as I doubt any Americans would really be upset about that. But yeah, it might just be a bunch of hot air. He could just change his mind at the drop of a hat and I doubt his supporters would care.

[jess100 53]

I'm not trying to scare anyone, but all of us who are waiting for the green card should be aware of what I believe is already happening so we can make choices to avoid coming in contact with CPB and ICE.

Given the new political climate I don't think we can be too careful in the upcoming months. We are a bit more worried now about not yet having our green card and being in the limbo they are calling "Period of Stay Authorized by the Attorney General" especially given who the new attorney general will be in 2 months. (A bit about Sessions: "And in those roles, he has fought tooth and nail against advances for racial equality, women’s rights, due process for immigrants, or voting rights.")

We are also aware that even under the Obama admin people in our limbo situation were being placed in removal. (see below) We are pretty sure that won't get better under the new admin. In fact, we might just be the low hanging fruit Trump needs to get his 1-2 million and claim victory for deporting criminals.......Once deported who will know if we were criminals or in a legal limbo? Each of us will just be a number in the statistics.

Here is the article that explains the details https://www.ilw.com/articles/2009,0120-rizzo.shtm

Here is an excerpt which explains the basics

ICE and CBP interpret the date of expiration of the I-94 as out-of-status and thus, subject to removal proceedings under INA 240. CBP acknowledges that under 8 CFR 274a.12(b)(20), an alien is eligible to work in the U.S. while an extension petition is pending. However, this provision only applies to work authorization. CBP takes the position that an alien in possession of an expired I-94 card is out-of-status, regardless of whether an extension petition is pending before CIS. If encountered, such aliens will be picked up by the Border Patrol and will be placed in removal proceedings.

The above seems to apply mostly to extensions, while the following seems to apply to all of us:

Based on an informal discussion with a local CBP officer in Buffalo, NY it appears that it is not only local, but national CBP policy to consider aliens who are in a period of authorized stay to be removable if they are out of status. Border Patrol officers, who are part of CBP and are responsible for patrolling the areas between ports of entry, are not given any discretion in terms of who to detain; anyone lacking proof of currently valid status is arrested and detained. It is not until an ICE attorney has a chance to review the case that discretion can be exercised to determine whether or not to issue an NTA to a detainee. Meanwhile, an alien who has an adjustment of status application or a timely filed extension or change of status request pending may be locked up in detention for days or weeks.

(Both quotes are from the above linked article)

And, given this mogolian cluster I called USCIS to ask if ANY proof of legal status can be given. I was told the EAD/AP card and SS card along with the receipt for I-485 would be proof and that we wouldn't be detained. I think in an ideal world that might be true, but apparently it isn't true. I told her that CPB is in fact detaining people, and she said USCIS doesn't have control over them. So there you have it.

She claimed there was something I could print from the USCIS page describing that we are legal. If anyone finds this let me know.

For the time being, all of us should carry as much proof as we can (SS card, EAD/AP, state ID if you can get it, proof of marriage, I-797, passport, visa, etc. ) You might want to have the phone number of an experienced immigration attorney with you as well. We probably should avoid the border areas (and buses and Western Union offices where ICE has been known to watch for Latinos)