If you have filed I485 and they fail to process it before your current visa expires (D/S ends like F1 OPT). Then what? You just have to leave, abandon AOS and re-apply for CR1?
It’s insane that the simplest immigrant pathway; spousal green card could take 12+ months and may now require temporarily moving and being separated. Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
Today's news make this crystal clear: the current admin does not want citizens marrying outside the country, regardless of how quickly the marriage rate among US population is falling.
Immigration policy in the current administration (which seems to be driven by Stephen Miller) is not based around legalaities, it's based around cutting immigration as much as possible because that's what satisfies Trump's voter base. These people do not care if you 'did it the right way'. They have an atavistic hatred of foreigners.
White immigrants are fine with this administration.
"All but 3 of 6,069 refugees taken in by Trump are White South Africans"
https://www.telegraph.co.uk/us/news/2026/05/22/trump-south-a...
I've seen so many people who call their cases "simple" or "straightforward" but 2 minutes of fairly superficial questioning reveals there are actually huge minefields or deep, fundamental flaaws in their case. It's way cheaper to have a lawyer from the start than it is to screw up her case and then get a lawyer involved once she's in removal proceedings, which is a very real possibility.
So here are some base questions to ask:
- How did you get your citizenship? If you were born here or got a green card through an employer or parent, that's fine. If you got it from being sponsored in a previous marriage, that's what USCIS calls a "pivot case" and you will have a high level of scrutiny;
- Did you know your wife prior to her coming to the US? If so, USCIS might take the position that this was a scheme for her to come to the US and adjust status rather than consular processing and the burden of proof that it wasn't is on you;
- It sounds like your wife is on OPT. If so, she completed her studies, which is good. USCIS hates cases where someone comes on an F1, doesn't complete their studies and get married. They can accuse such people of committing immigration fraud;
- How soon after her last entry to the US did you get married? Too quick (generally under 60-90 days) and USCIS may accuse her of misrepresentation, which is a huge problem;
- Did she make any visa applications and misrepresent her status to you?
- Did she make any misrepresentations to CBP about her relationship to you when entering the US?
- Did she ever violate the terms of her F1 visa? For example, working without authorization;
- Has she been married before? If so, were there an I130 filed for her previously?
- Has your wife ever been arrested, charged or convicted of any crime other than traffic ticket citations? This can be a far bigger problem than you realize even if it's something "trivial" where she gets probation;
- Did she apply for an F1 for one school, come to the US then change schools? If so, USCIS might take the position she did a misrepresentation.
Also, anecdotally, USCIS seems to be taking advantage at interviews of people who don't have a lawyer by threatening the citizen to withdraw the case or by getting the citizen or immigrant to agree not facts that aren't in evidence or aren't true and then using those facts to deny or delay the case.
Are you prepared for the interview where the officer may separate you and then compare your answers?
There's more to an immigration attorney than just filling out forms. A good attorney will prepare you for the interview and identify (and hopefully solve) any potential issues before they become issues. People generally make bad witnesses. I'm reminded of the "do you know what time it is?" scene from the west Wing [1].
I'd strongly advise a lawyer.
> Did you know your wife prior to her coming to the US? If so, USCIS might take the position that this was a scheme for her to come to the US and adjust status rather than consular processing and the burden of proof that it wasn't is on you
Depending on status, per my lawyer, the assumption is that the visa is valid based on the initial application process. The burden on my "fixing" things, despite divorce, etc., was on USCIS to show that it wasn't sincere. That means they -did- ask for evidence (bank statements, insurance policies, financial instruments, cosigned leases, etc.) but they had to show that those "didn't sufficiently show an authentic relationship".
> Did she make any visa applications and misrepresent her status to you
This can be a challenge, but not usually a problem. After my visa was granted I started interviewing from Australia for jobs. When I did get a job, my new employer through a HR mixup set wheels in motion for a H-1B for me, which I hurriedly told them to cancel as I didn't need it.
> Are you prepared for the interview where the officer may separate you and then compare your answers?
Definitely will, not may. We faced questions like "what night is garbage night and who takes out the trash usually", "how long have they been working in the field they are currently employed in" (not just how long at current job). "Are both their parents alive, where do they live?" etc.
A lawyer is, especially now, a solid investment.
The explicit purpose of this is to reduce legal immigration, and reduce the number of people becoming citizens.
There is no world in which the same racist, fascist administration doing this does anything remotely like what you describe.
I don't think this is "racist", even Europeans are in the same boat to apply as far as I know, those are mostly white, I don't think racist is the right term here. Isn't America already heavily mixed?
The French are virulently racist against Arabs and Muslims. Most of Western Europe is racist against the Romani, as well as against most Eastern European ethnicities (yes, even though they would be considered "white" in the US). It hasn't historically come up quite as much as in the US because most European countries are more homogeneous than the US is, but with the increase in migration—and particularly in asylum-seeking emigration from war-torn areas—it has become much more salient in recent times.
Japan is also racist, varying from moderately to horrifically depending on what the target group is.
These forms of racism don't always look the same as racism does in the US: for instance, the Western European bias against Eastern Europeans, IME, largely shows up as a widespread belief that they're lazy, and the bias against Romani is that they're seen as dirty, smelly thieves.
90% of all anti-immigrant sentiment, anywhere, is rooted in racism of varying types. Plenty of studies have made very clear that immigrants contribute more to the community and the nation, and have lower rates of crime, than people born in the country.
It is true that when a wave of immigrants first arrives in a new country, they take up more government resources for a period of time, because they literally have not had a chance to find jobs. But once that happens, they are likely to be working at lower-status, lower-paying jobs that the locals mostly didn't want in the first place. And once they have jobs, they aren't just somehow "taking up jobs that locals could have": they also create demand in the local economy, which creates more jobs. Because "number of jobs" isn't a fixed quantity.
And finally, in case you have been hiding under a rock for the last decade of American politics, this anti-immigrant sentiment is explicitly aimed at nonwhite immigrants. To the point that ICE routinely targets people based on the color of their skin, wholly disregarding their victims' status (many are legal immigrants or even citizens), and Trump actively seeks out white South Africans who want to come to the US.
I get being out of the country for the initial application (the consular officer in Sydney explained that it typically had to be filed by the sponsor, while the sponsor was in the US and the applicant was overseas, so that there was "no" concerns on coercion, etc.), but this... oof.
> Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms).
And then of course the $85 biometrics fee every time you talk to USCIS, which could be multiple times in the process.
> Guess I actually will be paying $4K for a lawyer (plus the 3-4K just to file the USCIS forms). I wish they would just have a simple fast lane for the 100% legal, non-complicated case.
It would have been cheaper, and faster, for me to have come here from Australia on the visa waiver program (which says "no marrying a USC"), married my partner, said to USCIS "oops, my bad, can I stay anyway?" and go through -that- process, than the proper K-1.
I suppose little matters from the before days, but I've only been a permanent resident for 2 years so maybe this timeline helps: https://wiki.roshangeorge.dev/w/Green_Card_Application#Timel...
Even the current right wing party CDU doesn't seem to want to make migration harder, but when the extremist party AfD gets voted into office, an already highly damaged balance will break.
Sad how people become so detected from reality that they make their society irrelevant and destroying a lot of wealth in the process.
To me it feels like the US pretends they don’t need immigrants when:
1. The overwhelming majority of current US residents were immigrants themselves at some point in the last 150 years (only natives were there, everyone else immigrated from somewhere)
2. The US wouldn’t function without illegal immigrants
3. Every country is short of workers in one domain or another. Encouraging immigration in these domains (see how Canada does it for instance) would be the smart move. But instead… yeah let’s make it even harder across the board
2. The US not functioning without illegal immigrants is a bad thing. More often than not, employers like illegal immigrants because they can abuse them in some way or another. If you actually interact with illegal immigrants or the people that employ them, this is clear. “We need modern indentured servitude” is not the country I want to live in. I would rather these industries just be subsidized by the government to whatever extent it takes for US citizens to take the jobs with all of the protections we expect workers to have.
3. Not every country is short of workers. Employers may be short of workers that they can lord over, but refer back to point 2. Pointing to Canada’s policy as an example of a “smart move” is a strange play.
The current administration is certainly not working on the above premises, but I’m floored when I hear supposedly progressive people going on about who is going to work the psychologically scarring meatpacking plants if we don’t take on an undefined number of people who are only here to get shit on for a good paycheck. I have compassion for illegal immigrants, which is exactly why I don’t want them in the US.
From what I remember, most of them don't migrate though but return to their home country after a season. Back to their families and a country with much less living cost.
Was some time ago that I last read about that topic though.
Note, indigenous people were less than 1%. New York City had the largest proportion of immigrants at 45%. Your claims of "only natives were there" and "everyone else immigrated from somewhere" are demonstrably false.
Having an ancestor who immigrated to one’s country does not make one an immigrant.
EU countries are working on imigration rules that would allow for bringing imigrant labour without ever extending citizen privileges to them. A sort of permanent uderclass. This is what voters want at this time.
Now I'm not sure if you are allowed to re-enter after your interview before your case is decided/you get the visa but I would imagine so (if have valid visa), you would just need to exit again to get the visa later.
I believe the issue with what you're describing is that if you're on a temporary visa, like a student visa, applying for a green card shows intent of immigration so you cannot return to the US on a student visa.
If you have an H-1B already you may be able to do what you're describing. If you're a recent grad in the US this basically locks you out of trying to get a green card until you've already secured an H-1B.
False
You don’t need a job to apply for green card.
Valid visa, yes. But that’s easy.
> don’t know how this will play out for employment based categories
I am only talking about employment based categories if you refer to my original comment. I’d be curious to know what visa categories allow you to file for an employment based greencard without a job?
In practice, though, almost all employers file EB GC petitions for only their current employees, not future ones.
The current administration is sending a pretty clear message to immigrants.
How could this ever help to build stronger industries or trade relationships?
If somebody hands you a shit sandwich you don't need to pretend it tastes good.
Well, we're continuing to find out. We haven't exactly scraped rocked bottom yet.
This move, like everything the MAGA administration does, will only weaken the US.
Even better for other countries, anyone the US produces who isn't a raging idiot, also are more likely to want to immigrate from the US.
A big argument for letting people emigrate is that they owe no real debt to the county where they are born, or the city, or anything like that. They aren't selfs owned by a nobleman. If moving increases their personal lot, why should we stop them?
Skilled labor immigration is great for everyone involved, and bad only for the countries that suffer the brain drain.
But it's not zero-sum. The damage to those countries from losing talent is smaller than the benefits to the immigrant, their new country, and ultimately all of humanity.
India does not have the same opportunities that America does to have a good and successful life. This isn’t just due to the country being relatively poor but due to structural issues along with corruption. Then there are other issues too. Environmental issues. Too many issues to list.
It’s disingenuous to suggest that a families or individuals should stay behind to change this. Also isnt it a loss for everyone? If smart people come to America and take advantage of opportunities and accomplish things that help many people what good is it to say no to this. That they must stay in the home country and inevitably not accomplish as much due to all these issues. Even if Elon Musk and Jensen Huang had stayed in their home countries they certainly could not have accomplished the same amount they did in America. Both South Africa and Taiwan in that period lacked the opportunities.
Also what is the rationale behind an American saying to people not to come to America and improve it but to stay back? Individual Indians aren’t any different from individual Americans beyond their accent. The children of these immigrants are indistinguishable from Americans who have been here for generations (aside from skin color). I really don’t understand why Americans wouldn’t want the brain gain from having smart people come here. Also if a surgeon is operating on you would you care what skin color or accent they had? Doesn’t make sense to me.
No, it’s a win for the people who remain in India. Imagine if the Samsung founder had moved to the U.S. instead of founding Samsung in Korea.
> Individual Indians aren’t any different from individual Americans beyond their accent. The children of these immigrants are indistinguishable from Americans who have been here for generations
Maybe some, but on average no. My family is Bangladeshi and my wife’s family is pre-Revolutionary War American and the cultural gap is vast. Basic attitudes towards justice, freedom, order, civic responsibilities, time, family relations, money, government, food, etc., are completely different.
Concrete example: Bangladeshis places tremendous emphasis on formal education and credentials. Americans have a tradition of skepticism of those things. This difference persists even among American born Desis.
There is evidence to back this up. Cultural differences persist for generations in immigrants: https://www.sup.org/books/economics-and-finance/culture-tran...
An Indian’s greatest accomplishment in life is leaving India.
>> admitted into the United States as nonimmigrants to depart rather than pursue adjustment of status. Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.
H1-B was already a dual intent visa. Are they trying to create a new visa category?
Whatever they are trying to get to this is a big concern for all H1B employees.
Thankfully H1B is a small visa category.
Gemini gets this correct: “The H-1B visa is a nonimmigrant classification that allows U.S. employers to temporarily employ foreign nationals in ‘specialty occupations’ that require highly specialized knowledge and at least a bachelor's degree.”
You are correct about this.
> H1B is also non-immigrant visa, but it is dual intent visa meaning it doesn't have that requirement
You're incorrect about this. The concept of "dual intent" doesn't exist in the Immigration and Naturalization Act. It was created by executive fiat. H1Bs, like other non-immigrant visas, still requires non-immigrant intent. It's different only that it has two carve-outs:
Subsection (b) excludes H1Bs from the "presumption" of immigrant intent that applies to other categories of aliens. Subsection (h) provides that applying for permanent residency "shall not constitute evidence of an intention to abandon a foreign residence" for H1Bs.
So H1Bs must still have non-immigrant intent. It's just that they are carved out of certain presumptions that would automatically establish immigrant intent, which would lead to denial of their visa. It gives the executive flexibility to essentially look the other way when an H1B applies for a green card. But it doesn't confer any legal rights* onto the H1B. The administration can at any time decide that you actually have immigrant intent and yank your visa.
I can only assume that's accidental. You're the 17th most active person on HN, so I'm certain you've seen an overwhelming amount of evidence of how skilled immigrants are immensely beneficial to the US economy.
The H-1B is not the only path to a green card. There are many ways, every case is different, and pretty much all of the paths suck, even if you do everything right.
This decision only makes all of those paths worse.
That's irrelevant. "Justice" means following the rules. Congress gets to decide the immigration laws. Congress has never created a real system for skilled permanent immigrants. The term "H1B" actually comes from 8 USC 101(a)(15)(H)(i)(B).
Subsection (a)(15) literally defines the term "immigrant" to exclude people in the subsequent subsections, including (H)(i)(b). Subsection (a)(15)(H)(i)(b) then reiterates that the category is for someone "who is coming temporarily to the United States to perform services." Congress didn't hide the ball.
It's just an example of how the immigration laws have been a bait-and-switch for decades: https://www.nytimes.com/2024/10/29/podcasts/the-daily/electi...
People who have done everything by "following the rules" are now seeing the US backpedal on what was promised to them via an administrative memo published by USCIS at the behest of the president—not through new legislation enacted by Congress.
I don't know where you're getting your information from, but it's factually incorrect.
And as someone else said, "justice" does not mean following the law. That's the definition of "legal".
It's important to anchor these topics at a certain level of understanding of Law and Economics to discuss optimal policy, otherwise we'll just talk past each other with uninformed political views.
politics aside, do you realistically believe that you can view twitter and actually mentally carve out the opinion of a group of people in real life?
that's exactly the issue with twitter.
for one : you're polling twitter users (a TINY subsect of humanity), two : you're extracting opinion from those that seek to broadcast it (an outlier) , and three: twitter never self-exposes the world to a user, it selectively curates and amplifies, and fourth : it's one of the most gamed communications arenas in existence.
you're viewing the world through an itty-bitty twitter-colored monocle and making sweeping accusations across large cohorts, it's not an accurate portrayal of actual human opinion.
Don’t make the mistake of thinking that Twitter / X noise is consensus.
If something seems irrational it’s usually a sign that you don’t understand the underlying logic. This behavior is totally logical if they aren’t worried about losing power.
Stay on whatever visa you’re on -> apply for consular processing -> travel for interview -> enter on green card
So they likely have to wait out the green card process abroad unless they secure a dual-intent visa like an H-1B.
There's also 75 countries that the US has shut down consular processing for so those people may be locked out getting a green card entirely.
Wait times to process applications depend on your country of origin and visa type. If you are an H1B from India that was already decades approaching never. Same for Brazil and elsewhere.
And that was before Trump. All that was practically halted.
