Policy Changes

[Boiler 47,936]

4 hours ago, Mike V said:

The marriage suggestions are a bit outdated.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.

This has always been the case, well at least for the last 20 ish years.

 

and not just marriage cases.

[appleblossom 4,902]

3 hours ago, Mike V said:

 

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

Read all that but I’m still not seeing the change you mentioned “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.”

 

That’s not what it’s saying? 

[Gabriel5454 29]

There was a very informative post on another website that I don't know if I am allowed to link to, but the gist of this update is that anyone not able to concurrently file an I-485 with the I-130 is now going to be targeted for deportation.  For example, someone who is currently in the US and must seek an I-601A waiver would first have to file the I-130 but would not be eligible to file a concurrent I-485 and would therefore be deportable.  What is new is that previously ICE would not target such people even though they were technically deportable.  There are other special cases where the I-485 cannot be filed concurrently but I think the guides here have always suggested to file concurrently.

[Boiler 47,936]

I remember when I 601a came in, the whole thing made little sense to me, including why if you were here illegally you would give your address and contact details, sort of I am here come and get me.

 

Gives you no status, and I never came across anything that said we will not deport you, not like say DACA.

 

But then waivers strike me as silly, just a question of presentation, money and waiting, waste of everyone’s time.

[Dashinka 26,116]

14 hours ago, Mike V said:

 

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

Read through the USCIS Policy manual updates per the 8/1 Update Alert, and still not seeing the scare mongering the lawyer (Sapochnick) is bringing up.  AOS via any non-dual intent NIV was always considered somewhat risky, maybe a little more scrutiny is better by USCIS instead of just rubber stamping them.  We also know that if one is AOSing from a NIV and the AOS is denied, the accrued overstay time of the beneficiary can now become an issue.  I am also wondering why the lawyer referred to a green card application for those that entered illegally?  Entering the US without inspection bars almost all from AOSing (CAA, Asylum, Refugee, etc. being notable exemptions).  If I entered the US illegally, and did not fall under an exemption category, I don't think I would want USCIS to know my personal information.

 

Anyway, not really seeing a lot of change in the policy manual based on what the lawyer stated in their solicitation blog.