Comment by jmyeet

> Far from a loophole, applying from inside the US is the only reasonable way to apply for a greencard.

So that's kind of the point, to make the system arbitrary and capricious. It's to make the lives of immigrants more difficult.

For example, when one applies for adjustment of status ("AoS", meaning the I485), there are several things you can also apply for, most notably an Employment Authorization Document ("EAD", I765) and/or Advance Parole ("AP", I131) to allow you to travel.

In years gone by, you'd get the temporary documents in 3-4 months typically and your green card in under a year (after filing the I485, not for the entire process, which can be substantially longer).

So this administration has seemingly started a process for marriage cases where you file an I130 and I485 concurrently (the I130 is to prove you're free to marry and you have legally married, the I485 is to adjust status) where USCIS will approve the I130 but then just sit on the I485, not approving or denying the case, and never issue the EAD or AP so you can't work. Lots of people can't afford to not work for 1-2 years while this all plays out.

But that's the point.

Also, there are rumors that Palantir is getting invovled here. Rumor is that USCIS is sitting on I485 approvals while they wait for a new system to come online that will let USCIS look at way more data, likely including social media data, to find reasons to deny cases, so they don't want to approve cases before it's available. This is uncofirmed but there's a lot of anecodtal data for approved I130, no decision on the I485.

For marriage cases, this administraiton clearly wants people to consular process instead because the administration has broad powers that can't be challenged to simply withhold visas to nationals of certain countries and those bans can't be challenged in court, as per Trump v. Hawaii [1].

This is a problem for people who have made asylum claims because they realistically can't use the passport from whcih they've claimed asylum (if they even have it) and they certainly couldn't or shouldn't go back to their home country. A separate rule generally requires people to use the embassy of their country of birth. Again, that's to make life difficult.

It's not clear to me yet how this rule change affects those on H1Bs that want to adjust. Is the Trump admin going to require H1B holders to leave the country to adjust? That's going to create problems if so. The asylum case and the home country embassy rule mentioned above are two big reasons.

[1]: https://en.wikipedia.org/wiki/Trump_v._Hawaii