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Mike V

Policy Changes

By Mike V in US Immigration News and Discussion

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Boiler Grand Master

Boiler   48,252

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Filed: K-1 Visa Country: Wales
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Posted
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The marriage suggestions are a bit outdated.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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

appleblossom Mentor

appleblossom   5,383

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Filed: EB-1 Visa Country: United Kingdom
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Posted
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 Apprentice

Gabriel5454   30

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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 Grand Master

Boiler   48,252

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Filed: K-1 Visa Country: Wales
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Posted

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.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Dashinka Grand Master

Dashinka   26,283

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Filed: Citizen (apr) Country: Russia
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Posted
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.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

  • 2 months later...
Mike V Explorer

Mike V   60

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Filed: IR-1/CR-1 Visa Country: Philippines
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Posted

Several spouses arrested at / after their green card interviews:

 

https://www.inquisitr.com/we-did-everything-by-the-book-families-shattered-as-ice-nabs-applicants-mid-interview

 

https://www.themirror.com/news/us-news/panic-erupts-masked-ice-agents-1522450

 

https://www.theguardian.com/us-news/2025/jul/17/oregon-ice-arrests-outside-preschool

 

https://www.facebook.com/theoregonian/videos/1938393600344000

 

https://www.newsweek.com/ice-detains-diabetic-norwegian-woman-green-card-interview-husband-11091459

 

It's happening!

 

Still don't believe me?

 

The diabetic Norwegian woman might be facing a double-whammy as Trump recently issued an executive order banning diabetics and the obese from immigrating.

Dashinka Grand Master

Dashinka   26,283

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted
8 hours ago, Mike V said:

Several spouses arrested at / after their green card interviews:

 

https://www.inquisitr.com/we-did-everything-by-the-book-families-shattered-as-ice-nabs-applicants-mid-interview

 

https://www.themirror.com/news/us-news/panic-erupts-masked-ice-agents-1522450

 

https://www.theguardian.com/us-news/2025/jul/17/oregon-ice-arrests-outside-preschool

 

https://www.facebook.com/theoregonian/videos/1938393600344000

 

https://www.newsweek.com/ice-detains-diabetic-norwegian-woman-green-card-interview-husband-11091459

 

It's happening!

 

Still don't believe me?

 

The diabetic Norwegian woman might be facing a double-whammy as Trump recently issued an executive order banning diabetics and the obese from immigrating.

I would like to hear more of the story before making any decisions.  The articles are clearly biased (the one from the Inquisitir is written very poorly), and they do not tell the entire story.  Maybe USCIS found something related to fraud, maybe there is a criminal record in their home countries, who knows.  They should receive due process though, and I expect that to happen.

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

TBoneTX Grand Master

TBoneTX   48,544

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

In regard to the latest posts above, we have a parallel thread in the Current Events forum:

It's preferable to keep all such conversation in a single thread, so let's take this discussion over there, please.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Mike V Explorer

Mike V   60

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
  • Author
Posted
5 minutes ago, TBoneTX said:

In regard to the latest posts above, we have a parallel thread in the Current Events forum:

It's preferable to keep all such conversation in a single thread, so let's take this discussion over there, please.

 

Thanks for the heads up!

TBoneTX Grand Master

TBoneTX   48,544

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted
20 minutes ago, Mike V said:

Thanks for the heads up!

You're welcome. :)   The video from the immigration lawyer is especially edifying.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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