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yin825

[question] immigration policy in USA

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I understand that there is different immigration policy between state or city in U.S.A, so how would it affect my application for green card? 
if I want more information about the topic, where should I go? coz I don't know how to find out or which step should be started from

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1 minute ago, yin825 said:

I understand that there is different immigration policy between state or city in U.S.A, so how would it affect my application for green card? 
if I want more information about the topic, where should I go? coz I don't know how to find out or which step should be started from

No there is no different immigration policy between state or city in the USA. Immigration policies and laws in the USA are a federal matter and are applied equally in all the states and cities. States  and cities in the US have absolutely no power to enact immigration laws.

 

You may be confused with Canada, where each province is allowed to make immigration laws and policies on its own, within limits. Not the case in the US.

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Posted (edited)
11 minutes ago, Visitor User said:

There is actually. In-tuition states for undocumented as well as driver licenses for them  and Sanctuary cities. 

True, but it doesn't affect the green card process in any way. I-485 gets processed the same way, not matter which state you live in. The only difference is processing times per local office.

 

*Edit: Since OP posts in IR1/CR1 forum I assume that's the visa they're gonna use. In that case I-485 is n/a and there will be no difference in immigration policy since he/she gets the GC right away

Edited by C90

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5 minutes ago, C90 said:

True, but it doesn't affect the green card process in any way. I-485 gets processed the same way, not matter which state you live in. The only difference is processing times per local office.

 

*Edit: Since OP posts in IR1/CR1 forum I assume that's the visa they're gonna use. In that case I-485 is n/a and there will be no difference in immigration policy since he/she gets the GC right away

Right. It doesn’t.

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8 minutes ago, C90 said:

True, but it doesn't affect the green card process in any way. I-485 gets processed the same way, not matter which state you live in. The only difference is processing times per local office.

 

*Edit: Since OP posts in IR1/CR1 forum I assume that's the visa they're gonna use. In that case I-485 is n/a and there will be no difference in immigration policy since he/she gets the GC right away

 

27 minutes ago, USS_Voyager said:

No there is no different immigration policy between state or city in the USA. Immigration policies and laws in the USA are a federal matter and are applied equally in all the states and cities. States  and cities in the US have absolutely no power to enact immigration laws.

 

You may be confused with Canada, where each province is allowed to make immigration laws and policies on its own, within limits. Not the case in the US.

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

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5 minutes ago, yin825 said:

 

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

Just googled 'US visa federal law', check this https://travel.state.gov/content/travel/en/legal/visa-law0.html

I didn't read the links myself. But yeah, it's known that when visas are provided USCIS/embassies work according to federal law.

 

Why is it so important? There's 3 things I can think of: drug use (weed is legal in some states), polygamy and marrying a family member. If one of these 3 is your reason then you can forget your visa, since they're all illegal under federal law

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4 minutes ago, yin825 said:

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

 

What visa are you applying for?  Just double-checking if you're pursuing a spouse visa since you posted in this forum.

 

Please don't listen to rumors.  We can point you to the official source once we know what specific visa information you're looking for.

 

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As noted, immigration as a whole is solely a federal matter in the US.

Certain state benefits may have some restrictions (i.e. Medicaid for LPRs, available of IDs and licenses, etc.).

Some areas are considered "sanctuaries" in that they are not actively enforcing certain immigration laws or cooperating with the federal government for their enforcement of the laws. Federal immigration officials can still enforce the laws there - but note that federal officials are few and far between compared to the number of state and local law enforcement officials.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, Ate said:

 

What visa are you applying for?  Just double-checking if you're pursuing a spouse visa since you posted in this forum.

 

Please don't listen to rumors.  We can point you to the official source once we know what specific visa information you're looking for.

 

applying I-130 coz living outside U.S.

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26 minutes ago, yin825 said:

 

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

Immigration is purely federal. States don't adjudicate immigrants' legal statuses, as in they are not the ones who decide if someone gets a green card or not. Certain small details though (for example, driver's licenses, medical treament etc) and overall attitudes towards immigrants do differ from state to state. 

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42 minutes ago, yin825 said:

 

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

Firsr of all, under the US Constitution, there are certain matters that are federal matters and there are matters that are State matters. For example: foreign policy is a federal matter, so Texas can’t declare war on Mexico on its own regardless of how much it wants to. Only the US Congress has the power to declare war for the whole United States. Marriage and divorce laws are state laws, and administered by each state: each state has its own requirements for marriages, some allow first cousins marriage (eww), some don’t. Driver license is another example of state law.

 

Second thing is, Federal laws trump state laws, as specified in what’s called the Supremacy Clause under the Constitution, meaning in the event that there is conflict between state and federal law, federal automatically wins. An example of that is gay marriage. As mentioned above, marriage is state law. As a result, each state passed their own laws regarding gay marriages with the more liberal states passes law that specifically allow gay marriages and more conservative states passed laws specifically prohibiting gay marriages. All that came to and end when the Supreme Court decided on the federal level that gay marriages are legal. That decision effectively nulled and voided all the state laws that prohibited gay marriages. They had to accept that gay marriages are legal. Period.

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9 minutes ago, USS_Voyager said:

Firsr of all, under the US Constitution, there are certain matters that are federal matters and there are matters that are State matters. For example: foreign policy is a federal matter, so Texas can’t declare war on Mexico on its own regardless of how much it wants to. Only the US Congress has the power to declare war for the whole United States. Marriage and divorce laws are state laws, and administered by each state: each state has its own requirements for marriages, some allow first cousins marriage (eww), some don’t. Driver license is another example of state law.

 

Second thing is, Federal laws trump state laws, as specified in what’s called the Supremacy Clause under the Constitution, meaning in the event that there is conflict between state and federal law, federal automatically wins. An example of that is gay marriage. As mentioned above, marriage is state law. As a result, each state passed their own laws regarding gay marriages with the more liberal states passes law that specifically allow gay marriages and more conservative states passed laws specifically prohibiting gay marriages. All that came to and end when the Supreme Court decided on the federal level that gay marriages are legal. That decision effectively nulled and voided all the state laws that prohibited gay marriages. They had to accept that gay marriages are legal. Period.

thank you so much... very detail...

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10 hours ago, yin825 said:

applying I-130 coz living outside U.S.

Are you married?


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

January 22, 2019 -  NOA-2 

February 7, 2019 -  NVC Received

March 14, 2019 -  NVC Case Number Assigned

March 15, 2019 -  Paid AOS 

March 15, 2019 -  Paid IV Fee 

March 16, 2019 -  Expedite Request Accepted. 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

IMG_6043.jpeg.f00e0714733e6533148a7bb56d286460.jpeg

 

 

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12 hours ago, yin825 said:

I understand that there is different immigration policy between state or city in U.S.A, so how would it affect my application for green card? 
if I want more information about the topic, where should I go? coz I don't know how to find out or which step should be started from

I wonder what you mean by "step". 

 

The process is the same for everyone. States or cities have nothing to do with it. 


K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

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