Adjusting via B2 visa....should the law be changed?

[Amica Nostra 4,803]

8 minutes ago, Steeleballz said:

 

    Good point, simple really and yet for some reason, many people try to put 2 and 2 together on this one and come up with 38. 

You really must read the Undoing Project by Michael Lewis. He documents the work of Kahneman and Tversky that explains why we want to come up with 38.

[Steeleballz 7,550]

7 minutes ago, Bill & Katya said:

All visas are subject to fraudulent usage.  I guess we could just completely close the borders and use your idea that if you want to marry a foreign spouse have at it outside the US. 

 

  So the argument boils down to it's OK to make arbitrary changes to the B2 based on gut feeling but not to the K1?  Seems a bit self serving.

 

  Anyway, back to the OP, fortunately immigration law is not constructed around popular opinion and never will be. If it was, we probably would not have the B2 or the K1. 

[Steeleballz 7,550]

17 minutes ago, Unidentified said:

Do you think with the political climate surrounding immigration that the government is going to hire more people to deal with people coming into this country when they're busy trying to kick people out?

 

  I'd like to see the president du jour have less influence over immigration policy. That's why we have a friggin legislative branch of government to make the law. Let them do their job, and let the president stick with his - make sure the law is executed accordingly. 

 

  And so as not to derail the topic, that's not directed any particular president BTW.

[Dashinka 23,409]

3 minutes ago, Steeleballz said:

 

  So the argument boils down to it's OK to make arbitrary changes to the B2 based on gut feeling but not to the K1?  Seems a bit self serving.

 

  Anyway, back to the OP, fortunately immigration law is not constructed around popular opinion and never will be. If it was, we probably would not have the B2 or the K1. 

The original question was referencing the B2.  If you want to start a similar thread with the question about the K1, then that is what you should do.  Otherwise, it only looks like deflection on your part. 

 

As to your OP comment, I believe changes in immigration laws does in many cases follow popular opinion.  Just go back and study the history of the major changes that were made, when the doors were essentially shut, or when "amnesty was given".  These were done at the whim of those in Congress and the President at the times which I am sure came down to how it would impact their re-election prospects.  Heck, why do you think the Dems are not pushing DACA anymore.

[Dashinka 23,409]

1 minute ago, Steeleballz said:

 

  I'd like to see the president du jour have less influence over immigration policy. That's why we have a friggin legislative branch of government to make the law. Let them do their job, and let the president stick with his - make sure the law is executed accordingly. 

 

  And so as not to derail the topic, that's not directed any particular president BTW.

Actually, there is a law in place that does give the President some pretty broad powers with respect to immigration.  All presidents in recent history have exercised those to varying degree, but I suppose with Trump that needs to stop.

[Steeleballz 7,550]

1 minute ago, Bill & Katya said:

Actually, there is a law in place that does give the President some pretty broad powers with respect to immigration.  All presidents in recent history have exercised those to varying degree, but I suppose with Trump that needs to stop.

 

   I know what the law is. That was not my point.

 

   If you opposed Obama's "meddling" but approve of "Trump's", you fail to recognize that it all could flip flop again in 2 years. Kind of silly. I feel bad for the people currently in line who are getting jerked around by this. Immigration law should not ever be based on public opinion. Realize that's the same public that the majority of can't find Kansas City on map. 

[Unlockable 7,309]

I think every aspect of immigration gets exploited by those with the know how but the Adjustment on B2/ESTA is definitely a loophole that is exploited too easily, IMO. I just don't know how that loophole could be closed. It gives citizens from countries where obtaining VWP or visitor visa to the US is easy a huge advantage over others. 

 

I also agree with @Unidentified that it seems like USCIS gives out visas to beneficiaries in some countries like they were napkins at a BBQ fair.

 

Even with all of the security measures and background checks in place, marriage fraud is still pretty ease. I think online dating has given fraudsters easier access and wider range to victims.

 

Look, we all know that every process has flaws. We anticipate that another immigration reform is likely to happen. We just don't know when it will happen nor if it will resolve all of the issues, big and small, with the current process. But even if they do a good job of closing all of the gaps, there will still be new problems in the future.

 

For the time being, best we can do is to continue to educate those that come to VJ seeking advice on using a visitor visa as a means to adjust status.

 

[TBoneTX 43,514]

Eight off-topic/bickering posts have been removed.  Please stick to the thread's topic.

[Steeleballz 7,550]

2 minutes ago, NuestraUnion said:

I think every aspect of immigration gets exploited by those with the know how but the Adjustment on B2/ESTA is definitely a loophole that is exploited too easily, IMO. I just don't know how that loophole could be closed. It gives citizens from countries where obtaining VWP or visitor visa to the US is easy a huge advantage over others. 

 

I also agree with @Unidentified that it seems like USCIS gives out visas to beneficiaries in some countries like they were napkins at a BBQ fair.

 

Even with all of the security measures and background checks in place, marriage fraud is still pretty ease. I think online dating has given fraudsters easier access and wider range to victims.

 

Look, we all know that every process has flaws. We anticipate that another immigration reform is likely to happen. We just don't know when it will happen nor if it will resolve all of the issues, big and small, with the current process. But even if they do a good job of closing all of the gaps, there will still be new problems in the future.

 

For the time being, best we can do is to continue to educate those that come to VJ seeking advice on using a visitor visa as a means to adjust status.

 

 

   Definitely true. I have nothing against looking at changes to the B2 or K1 or anything else that gets abused, but I don't think it should be based on either gut feeling or public opinion. It would be pretty easy for 98% of America to look at the K1 the same way people look at the B2 on here sometimes, and we really should be careful what we wish for. 

 

   You have to trust sometimes that there is a purpose to all of these immigration categories and also an avenue for changing those that are being exploited. They were not created around knee jerk reaction and I don't think knee jerk reaction is the avenue for changing them.

 

 

[Unidentified 2,930]

8 minutes ago, NuestraUnion said:

I think every aspect of immigration gets exploited by those with the know how but the Adjustment on B2/ESTA is definitely a loophole that is exploited too easily, IMO. I just don't know how that loophole could be closed. It gives citizens from countries where obtaining VWP or visitor visa to the US is easy a huge advantage over others. 

 

I also agree with @Unidentified that it seems like USCIS gives out visas to beneficiaries in some countries like they were napkins at a BBQ fair.

 

Even with all of the security measures and background checks in place, marriage fraud is still pretty ease. I think online dating has given fraudsters easier access and wider range to victims.

 

Look, we all know that every process has flaws. We anticipate that another immigration reform is likely to happen. We just don't know when it will happen nor if it will resolve all of the issues, big and small, with the current process. But even if they do a good job of closing all of the gaps, there will still be new problems in the future.

 

For the time being, best we can do is to continue to educate those that come to VJ seeking advice on using a visitor visa as a means to adjust status.

 

I agree with you until your last sentence, that's where I am a bit confused... You think it's too easy for people on a visitor visa to adjust but we should advise people to come here on a visitor visa and adjust? Or did I completely misunderstand that part?

[Unlockable 7,309]

17 minutes ago, Unidentified said:

I agree with you until your last sentence, that's where I am a bit confused... You think it's too easy for people on a visitor visa to adjust but we should advise people to come here on a visitor visa and adjust? Or did I completely misunderstand that part?

Sorry for the confusion. Wish I could edit my post for better clarification.

 

We should continue to advise them NOT to use a B2 visa to adjust status in the US. VJ does a good job of educating many people who come here looking to take advantage of that loophole. Most times they are naive about it and just needs to be educated that it is not the proper thing to do. But I do get the feeling that there are some that knows exactly what they are doing.

[Unidentified 2,930]

1 minute ago, NuestraUnion said:

Sorry for the confusion. Wish I could edit my post for better clarification.

 

We should continue to advise them NOT to use a B2 visa to adjust status in the US. VJ does a good job of educating many people who come here looking to take advantage of that loophole. Most times they are naive about it and just needs to be educated that it is not the proper thing to do. But I do get the feeling that there are some that knows exactly what they are doing.

Ah, I had a feeling that's what you meant but the sentence was a bit unclear... Thanks for the clarification and I agree with you 100%!

[spookyturtle 9,465]

2 hours ago, Steeleballz said:

 

  So the argument boils down to it's OK to make arbitrary changes to the B2 based on gut feeling but not to the K1?  Seems a bit self serving.

 

  Anyway, back to the OP, fortunately immigration law is not constructed around popular opinion and never will be. If it was, we probably would not have the B2 or the K1. 

But the K1 is an intent to immigrate visa, the B2 is not. Getting a B2 in certain countries is much easier and faster than the K1 Route. 

[Cyberfx1024 7,978]

19 minutes ago, Unidentified said:

Ah, I had a feeling that's what you meant but the sentence was a bit unclear... Thanks for the clarification and I agree with you 100%!

 

21 minutes ago, NuestraUnion said:

Sorry for the confusion. Wish I could edit my post for better clarification.

 

We should continue to advise them NOT to use a B2 visa to adjust status in the US. VJ does a good job of educating many people who come here looking to take advantage of that loophole. Most times they are naive about it and just needs to be educated that it is not the proper thing to do. But I do get the feeling that there are some that knows exactly what they are doing.

Thanks @NuestraUnion for clarifying that because like @Unidentified said it was a bit unclear like it could swing either way in that regard. I do think that the process of AOS after arriving on a B2 visa should be done away with in it's entirety because it discriminates and it's bad for everyone else.

[Steeleballz 7,550]

5 minutes ago, spookyturtle said:

But the K1 is an intent to immigrate visa, the B2 is not. Getting a B2 in certain countries is much easier and faster than the K1 Route. 

 

   As I said I'm not opposed to looking at changes to prevent abuse. That doesn't mean everyone who gets marries on a B2 needs to go home. I don't see what it accomplishes in the long run, I don't see a reason for a blanket change in policy there, and I don't see the reason to eliminate adjustment on a B2.

 

   It always seems to come back to this as if it is a real fix for something. It's like bailing a sinking ship with a teaspoon. I see plenty of real immigration issues to work on. I'm just not into eye candy.