Policy Changes

[Mike V 60]

The marriage suggestions are a bit outdated.  The Trump administration announced earlier this month that you must now maintain valid visa status while your I-130 is being processed. If your current visa (e.g. tourist or J-1) expires in the meantime, you will be deportable.

 

Are you qualified to teach anything? Computer usage / programming perhaps? There are a lot of teachers here on J-1 visas, perhaps you could snag another J-1 somewhere?

Edited Sunday at 08:43 PM by Mike V

[appleblossom 4,729]

6 minutes ago, Mike V said:

The Trump administration announced earlier this month that you must now maintain valid visa status while your I-130 is being processed

 

It's always been the case that only immediate relatives have visa overstays forgiven. But do you mean for immediate relatives even with a I-485 being filed as well? Do you have a link?

[Crazy Cat 45,031]

15 minutes ago, Mike V said:

If your current visa (e.g. tourist or J-1) expires in the meantime, you will be deportable.

Link?  If that is true (I haven't seen it), that means the Att General or DHS Secretary has changed the policy which grants authorized stay until adjudication of the I-485.  What about a K-1?  An immediate relative of a US citizen would have to dodge deportation until the Green Card was approved. 

Edited Sunday at 08:54 PM by Crazy Cat

[Mike V 60]

5 minutes ago, appleblossom said:

 

It's always been the case that only immediate relatives have visa overstays forgiven. But do you mean for immediate relatives even with a I-485 being filed as well? Do you have a link?

Here's one link, it's had plenty of publicity:

 

https://www.visalawyerblog.com/new-uscis-policy-seeks-to-intimidate-immigrants-applying-for-green-cards-by-threatening-deportation-proceedings/

 

People will wake up to it when they have to start looking for their recently sponsored relatives on the ICE detainee locator. 

 

It's all about the deportation numbers; the human cost doesn't matter to them.

[Mike V 60]

Here's a link to the USCIS announcement: https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-regarding-family-based-immigration-policy

 

The last bullet is the new gotcha:

• Clarifying that we may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal.

[Crazy Cat 45,031]

7 minutes ago, Mike V said:

Here's one link, it's had plenty of publicity:

 

https://www.visalawyerblog.com/new-uscis-policy-seeks-to-intimidate-immigrants-applying-for-green-cards-by-threatening-deportation-proceedings/

 

People will wake up to it when they have to start looking for their recently sponsored relatives on the ICE detainee locator. 

 

It's all about the deportation numbers; the human cost doesn't matter to them.

That isn't very clear as to what it really means.  

"Petitioners and alien beneficiaries should be aware that a family-based petition accords no immigration status nor does it bar removal.”

 

That sounds like I-130s.....which have never conferred any protection.

[Crazy Cat 45,031]

10 minutes ago, Mike V said:

Clarifying that we may issue a Notice to Appear if the alien beneficiary is otherwise removable since a family-based immigrant visa petition does not grant immigration status or relief from removal.

That has always been the case.  An I-130 is a petition......An I-485 is an application.  I see no mention of a policy change removing "authorized stay".

 

 

https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-3#S-E

[^ 17] See INA 212(a)(9)(B) and INA 212(a)(9)(C). Those in a period of stay authorized are protected from accruing unlawful presence. For example, an alien whose adjustment of status application is pending is in a period of stay authorized and does not accrue unlawful presence. However, although an alien is in a period of stay authorized, it may be that the alien is in unlawful status. See Section E, Effect of a Pending Application or Petition [7 USCIS-PM B.3(E)].

Edited Sunday at 09:15 PM by Crazy Cat

[Crazy Cat 45,031]

It is not very clear, to me, as to what the changes are.

[Mike V 60]

The I-485 does not provide lawful status.  They've looked the other way in the past (an "authorized stay") but are providing notice that they are not obligated to do so in the future.

[Crazy Cat 45,031]

2 minutes ago, Mike V said:

The I-485 does not provide lawful status.  They've looked the other way in the past (an "authorized stay") but are providing notice that they are not obligated to do so in the future.

Maybe so.  I am not surprised.  So, If that is true, how does anyone maintain lawful status until an I-485 is adjudicated? Even a K-1 entrant is out of status after 90 days?  

Edited Sunday at 09:20 PM by Crazy Cat

[Crazy Cat 45,031]

"Authorized Stay" has always been a policy...subject to change with the stroke of a pen.  A change could eliminate almost all Adjustments of Status..........I want more clarification....

Edited Sunday at 09:22 PM by Crazy Cat

[Crazy Cat 45,031]

11 minutes ago, Mike V said:

The I-485 does not provide lawful status.  They've looked the other way in the past (an "authorized stay") but are providing notice that they are not obligated to do so in the future.

This is an interesting discussion......

[Crazy Cat 45,031]

****This topic has been split from an existing thread to avoid derailing***

Edited Sunday at 09:36 PM by Crazy Cat

[appleblossom 4,729]

35 minutes ago, Crazy Cat said:

It is not very clear, to me, as to what the changes are.

 

Ditto. Would like to see a USCIS policy memo rather than one from a third party which makes things clear as mud!

[Mike V 60]

29 minutes ago, appleblossom said:

 

Ditto. Would like to see a USCIS policy memo rather than one from a third party which makes things clear as mud!

 

Up above in the 5th post on this new thread is a link to the USCIS announcement:

 

https://www.uscis.gov/newsroom/alerts/uscis-issues-guidance-regarding-family-based-immigration-policy

 

and that announcement contains a link to their (presumably updated) policy manual:

 

https://www.uscis.gov/policy-manual