Comment by 0xy
2 days ago
This is to close the common loophole where people would fly into the US on an ESTA, B-2 or another temporary visa "without immigration intent" (fraud) and then marry a US Citizen and adjust status.
On visa forums this method is commonly discussed. By entering on an ESTA/B-2 with the intent to marry a US Citizen, they're committing immigration fraud, inherently. You would be denied entry at the border if you admitted to your plans.
The correct way to do this is to file a K-1 visa outside the United States, or marry outside then file a IR-1/CR-1.
Maybe it does close that loophole, but the effects are much, much broader and more harmful: https://www.cato.org/blog/dhs-quits-granting-green-cards-alm...
This article is intentionally misleading.
Department of Homeland Security is no longer processing Green Cards via AOS. That included UCSIS.
However the STATE DEPARTMENT is still processing it via Consular Processing.
The article makes it sounds like the US is no longer offering Green Cards which is false.
The article you linked is patently incorrect. It claims "Now, every legal immigrant must leave the country—that is, self-deport—even if they are qualified for a green card and even if leaving would disqualify them.". This is false according to USCIS' memo.
It very specifically lays out common exceptions to this, including for legal immigrants on dual intent visas and those whose only pathway to permanent residency is via adjustment of status.
It also wildly misinterprets the news to claim that the K-1 visa has been effectively ended, even though the memo specifically excludes it.
https://www.uscis.gov/sites/default/files/document/memos/PM-...
No the memo specifically says:
> However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.
Which basically means that, applying AOS while being in dual-intent category is not favorable and you will have to prove extraordinary circumstance for a simple i-485 AOS on H1B. Lacking the extraordinary circumstance, your application may be denied.
What this basically means for millions of people on H1B (especially from countries like India is), they have to go for consular processing. And given the lack of appointments in India and delays they are facing - you could be stuck for months to years and no company is going to wait for you while you go through the process. So leaving would definitely disqualify them.
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No, this also affects anyone under employment based immigration petitions unrelated to marrying a US citizen.
Only if they do not maintain lawful status, which is what the law says anyway. In fact, it specifically mentions this: "USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status"
https://www.uscis.gov/sites/default/files/document/memos/PM-...
Footnote 20 on page 4:
Footnote 20: However, maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion
Where in the memo does it say "only if they do not maintain lawful status"? there are plenty of people adjusting under employment based petitions who have non-immigrant visas (eg O-1) which are not dual intent.
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Given our population problems, I can't think of a single rational reason why we'd want to stop this from happening.
Our population problems, in that we need immigration to avoid population decline? Our total fertility rate is 1.6.
Which is, notably, well under replacement.
Exactly that. And really, it's still not going to be enough.
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It is absolutely NOT specific to the very limited situation you are describing, which is already a big red flag when processing applications.
"USCIS acknowledges exceptions including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status"
https://www.uscis.gov/sites/default/files/document/memos/PM-...
The literal next line after your quote is:
> While aliens who were inspected and admitted or paroled may request adjustment of status, as a general matter the discretionary approval of such a request is extraordinary given Congress’s intent that aliens should depart once the purpose for which they sought parole or nonimmigrant admission from DHS has been accomplished.
Holy shit why is this comment buried?! This is exactly the purpose.
Slight correction here. It is fraud if you intend to stay after getting married. Nobody cares if you get married on a tourist visa and leave the country after.