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pauli

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  1. Like
    pauli got a reaction from Unidentified in Wife's Friend Denied Tourist Visa Twice to Visit US from Thailand   
    So you think if your buddy had a letter from you inviting him to surf the California shore and stating you'll pay his expenses, then that would have turned the consular officer's judgement?  Anybody can write such a letter - it's just a piece of paper - and COs are smart individuals.
  2. Like
    pauli got a reaction from EM_Vandaveer in Wife's Friend Denied Tourist Visa Twice to Visit US from Thailand   
    So you think if your buddy had a letter from you inviting him to surf the California shore and stating you'll pay his expenses, then that would have turned the consular officer's judgement?  Anybody can write such a letter - it's just a piece of paper - and COs are smart individuals.
  3. Like
    pauli got a reaction from SusieQQQ in Wife's Friend Denied Tourist Visa Twice to Visit US from Thailand   
    So you think if your buddy had a letter from you inviting him to surf the California shore and stating you'll pay his expenses, then that would have turned the consular officer's judgement?  Anybody can write such a letter - it's just a piece of paper - and COs are smart individuals.
  4. Like
    pauli got a reaction from lisbethk in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  5. Like
    pauli got a reaction from EM_Vandaveer in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  6. Like
    pauli got a reaction from Hamilton in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  7. Like
    pauli got a reaction from semperpietas in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  8. Like
    pauli got a reaction from mushroomspore in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  9. Like
    pauli got a reaction from flash9153 in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  10. Like
    pauli got a reaction from usmsbow in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  11. Like
    pauli got a reaction from Hypnos in Trump proposal would make it harder for legal immigrants to gain citizenship (merged)   
    As I wrote earlier, if the administration/Stephen Miller were truly concerned about "US taxpayers propping up immigrants receiving benefits", then why not simply enforce the Affidavit of Support and make the sponsor reimburse the govt?  Instead, this just reeks as a lame attempt to kick out lawful immigrants.
     
    Gotta say it - republicans are living in the now, but are toast in the next few decades if they can't expand their base beyond what it currently is.  Changing demographics are gonna catch up to them.
  12. Thanks
    pauli got a reaction from Nouchigang in HELP.. Denied a job for not having a GC yet... Is this legal?   
    Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.
     
    We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.
  13. Like
    pauli got a reaction from Tilly87 in HELP.. Denied a job for not having a GC yet... Is this legal?   
    Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.
     
    We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.
  14. Like
    pauli got a reaction from Lemonslice in HELP.. Denied a job for not having a GC yet... Is this legal?   
    Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.
     
    We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.
  15. Like
    pauli got a reaction from usmsbow in HELP.. Denied a job for not having a GC yet... Is this legal?   
    Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.
     
    We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.
  16. Like
    pauli reacted to florida racer 73 in HELP.. Denied a job for not having a GC yet... Is this legal?   
    I agree,  I was just simply try to point out that there could be ramafications that could have a longer and far reaching effect.
     
    if the company had made a written offer and then refused because of not having a GC, well I could see a blatant case for her.
     
    unfortunally, in the corporate emviroment, hr overides managers
  17. Like
    pauli got a reaction from Orangesapples in HELP.. Denied a job for not having a GC yet... Is this legal?   
    Geez, the lack of empathy and blatant disregard for the law from some posters in this thread is frankly a bit appalling.  If you care about the law, then read the post by Hypnos.
     
    We all know how long it's taking to get a green card these days.  Imagine if you or your spouse or other family member went one year applying for jobs with a valid EAD and countinuously getting turned down because you don't have a green card yet.  You'd be pissed!  And this is her dream job!  And as far as I can tell, nothing the OP has stated implies that the job requires the person to be a US citizen.
  18. Like
    pauli got a reaction from florida racer 73 in Change in status (merged)   
    I'm just trying to state facts, not opinions.  Regarding the "public charge" scenario...
     
    The Department of Homeland Security has drafted rules that would expand the types of public benefits used to determine if a green card applicant may become a public charge.  As I understand it, current rules only factor in cash benefits.  This would be expanded to non-cash benefits such as food assistance programs, preschool programs, health insurance subsidies, etc.  In addition, it would be taken into account if an applicant's US citizen child were receiving such benefits (such as Children's Health Insurance Program (CHIP)).
     
    It's just a draft and the officer would consider the totality of the situation before making a judgment.  But as I read it, the draft does imply that someone with an expensive medical condition who marries and obtains health insurance at subsidized rate through Obamacare could be denied adjustment of status based on public charge determination.  As hypothetically could an AOS applicant with a US citizen child who receives CHIP assistance.  In fact, the AOS applicant could be denied if the officer thinks he or she is likely to become a public charge at any time in the future.
     
    From the draft (link below):
     
    "If the Secretary of Homeland Security determines that an alien applying for admission or adjustment of status is likely to become a public charge at any time, the alien is inadmissable under section 212(a)(4) of the Act.....
     
    (a) Prospective determination. The Secretary must determine the likelihood that an alien will become a public charge at any time in the future.
     
    ...
     
    (b) Totality of circumstances. The Secretary must base the determination on the totality of the alien's circumstances by weighing all positive and negative factors
     
    ...
     
    (e) Heavily weighted negative factors. The following factors weigh heavily in favor of a finding that an alien is likely to become a public charge:
     
    ...
                  (4) The alien has a costly medical condition and is unable to show proof of unsubsidized health insurance, prospect of obtaining unsubsidized health insurance, or other non-governmental means of paying for treatment."
     
     
     
    Here's the draft: https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf
     
    And more reading:
    https://www.reuters.com/article/us-usa-immigration-services-exclusive/exclusive-trump-administration-may-target-immigrants-who-use-food-aid-other-benefits-idUSKBN1FS2ZK
    https://www.nytimes.com/2018/03/06/us/politics/trump-immigrants-public-nutrition-services.html
    https://www.washingtonpost.com/world/national-security/trump-proposal-would-penalize-immigrants-who-use-tax-credits-and-other-benefits/2018/03/28/4c6392e0-2924-11e8-bc72-077aa4dab9ef_story.html?utm_term=.ca11dff5fb38
    https://www.kff.org/disparities-policy/fact-sheet/proposed-changes-to-public-charge-policies-for-immigrants-implications-for-health-coverage/
    https://www.migrationpolicy.org/research/chilling-effects-expected-public-charge-rule-impact-legal-immigrant-families
     
  19. Like
    pauli got a reaction from JoannaV in Change in status (merged)   
    I'm just trying to state facts, not opinions.  Regarding the "public charge" scenario...
     
    The Department of Homeland Security has drafted rules that would expand the types of public benefits used to determine if a green card applicant may become a public charge.  As I understand it, current rules only factor in cash benefits.  This would be expanded to non-cash benefits such as food assistance programs, preschool programs, health insurance subsidies, etc.  In addition, it would be taken into account if an applicant's US citizen child were receiving such benefits (such as Children's Health Insurance Program (CHIP)).
     
    It's just a draft and the officer would consider the totality of the situation before making a judgment.  But as I read it, the draft does imply that someone with an expensive medical condition who marries and obtains health insurance at subsidized rate through Obamacare could be denied adjustment of status based on public charge determination.  As hypothetically could an AOS applicant with a US citizen child who receives CHIP assistance.  In fact, the AOS applicant could be denied if the officer thinks he or she is likely to become a public charge at any time in the future.
     
    From the draft (link below):
     
    "If the Secretary of Homeland Security determines that an alien applying for admission or adjustment of status is likely to become a public charge at any time, the alien is inadmissable under section 212(a)(4) of the Act.....
     
    (a) Prospective determination. The Secretary must determine the likelihood that an alien will become a public charge at any time in the future.
     
    ...
     
    (b) Totality of circumstances. The Secretary must base the determination on the totality of the alien's circumstances by weighing all positive and negative factors
     
    ...
     
    (e) Heavily weighted negative factors. The following factors weigh heavily in favor of a finding that an alien is likely to become a public charge:
     
    ...
                  (4) The alien has a costly medical condition and is unable to show proof of unsubsidized health insurance, prospect of obtaining unsubsidized health insurance, or other non-governmental means of paying for treatment."
     
     
     
    Here's the draft: https://cdn.vox-cdn.com/uploads/chorus_asset/file/10188201/DRAFT_NPRM_public_charge.0.pdf
     
    And more reading:
    https://www.reuters.com/article/us-usa-immigration-services-exclusive/exclusive-trump-administration-may-target-immigrants-who-use-food-aid-other-benefits-idUSKBN1FS2ZK
    https://www.nytimes.com/2018/03/06/us/politics/trump-immigrants-public-nutrition-services.html
    https://www.washingtonpost.com/world/national-security/trump-proposal-would-penalize-immigrants-who-use-tax-credits-and-other-benefits/2018/03/28/4c6392e0-2924-11e8-bc72-077aa4dab9ef_story.html?utm_term=.ca11dff5fb38
    https://www.kff.org/disparities-policy/fact-sheet/proposed-changes-to-public-charge-policies-for-immigrants-implications-for-health-coverage/
    https://www.migrationpolicy.org/research/chilling-effects-expected-public-charge-rule-impact-legal-immigrant-families
     
  20. Like
    pauli got a reaction from mushroomspore in I-130 Tax return filed as SINGLE   
    I think an IRS matter is getting conflated with an immigration matter.  Ultimately the issue is not whether or not a person can amend his or her taxes to file as married.  The point is why give immigration any reason, however small it may be, to question your relationship with your spouse.  Filing as single when you're married does that.
  21. Like
    pauli got a reaction from Joe&LuMa in Missionary Friend's Wife from Venezuela   
    But question for OP - I assume they gave the wife 6 months to stay in U.S. on tourist visa.  Is that not enough time for them to sort out their situation, whether they go back to Panama or a different country?  You said that's what they want to do.  If they don't plan on staying in US, then Adjustment of Status doesn't make sense.
  22. Like
    pauli got a reaction from Ochili in Missionary Friend's Wife from Venezuela   
    You all need to step back and consider the situation without taking into account the OP's tone and political commentary.
     
    To me, the OP's story makes perfect sense.  The couple are missionaries and presumably want to continue their work abroad.  If they really wanted to immigrate to U.S., why didn't they just go straight to U.S. instead of going to Panama?  When they couldn't stay in Panama and couldn't go back to Venezuela, then they decided to regroup in U.S. until they find their next spot.  Makes sense to me.
     
    MyJourney's immigration advice is correct.  Since she was allowed in, she can apply to adjust status whether we like it or not.   
  23. Like
    pauli got a reaction from Orangesapples in Missionary Friend's Wife from Venezuela   
    You all need to step back and consider the situation without taking into account the OP's tone and political commentary.
     
    To me, the OP's story makes perfect sense.  The couple are missionaries and presumably want to continue their work abroad.  If they really wanted to immigrate to U.S., why didn't they just go straight to U.S. instead of going to Panama?  When they couldn't stay in Panama and couldn't go back to Venezuela, then they decided to regroup in U.S. until they find their next spot.  Makes sense to me.
     
    MyJourney's immigration advice is correct.  Since she was allowed in, she can apply to adjust status whether we like it or not.   
  24. Like
    pauli got a reaction from yeahbuddy in US to require would-be immigrants to turn over social media handles   
    This is an interesting topic and I see benefits to scouring social media, however...
     
    People who want to harm U.S. are simply not going to list their "terrorist" social media accounts, but would just submit separate social media accounts that make them seem normal.  They are not going to list email addresses that they've used for nefarious purposes.  Etc.  Bad actors are always one step ahead.
     
    Thus, this just potentially creates more wait time and potential problems for the rest of us.  
     
    And if they haven't already started, the next step could be to request access to social media accounts, etc. of the U.S. petitioner.  And then require access to internet browsing data from beneficiary and petitioner.
     
    And those who support the current White House administration should keep in mind that it will eventually change and at some point there will certainly be a more liberal administration that might not think kindly of some of your social media posts.  I'm a bit surprised that so many of you have so much faith in the government handling this info.
     
    This is not to say that I'm totally against this policy, but I think it's not so clear cut.
  25. Like
    pauli got a reaction from Orangesapples in US to require would-be immigrants to turn over social media handles   
    This is an interesting topic and I see benefits to scouring social media, however...
     
    People who want to harm U.S. are simply not going to list their "terrorist" social media accounts, but would just submit separate social media accounts that make them seem normal.  They are not going to list email addresses that they've used for nefarious purposes.  Etc.  Bad actors are always one step ahead.
     
    Thus, this just potentially creates more wait time and potential problems for the rest of us.  
     
    And if they haven't already started, the next step could be to request access to social media accounts, etc. of the U.S. petitioner.  And then require access to internet browsing data from beneficiary and petitioner.
     
    And those who support the current White House administration should keep in mind that it will eventually change and at some point there will certainly be a more liberal administration that might not think kindly of some of your social media posts.  I'm a bit surprised that so many of you have so much faith in the government handling this info.
     
    This is not to say that I'm totally against this policy, but I think it's not so clear cut.
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