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by 0xy1 days ago |
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upvoteby rafram1 days ago|
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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...
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upvoteby freediddy1 days ago|
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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.

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upvoteby 0xy1 days ago|
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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-...

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upvoteby throwaway_620221 days ago|
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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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upvoteby 0xy1 days ago|
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Why should H1Bs be exempt from consular processing when nobody else is? K and IR/CR categories MUST do consular processing, which takes 3 years in some cases.

H1Bs should jump the queue why? You're arguing that the family of US Citizens should be considered behind temporary immigrant workers with no family ties to the United States, and you should be exempt from the requirements they face.

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upvoteby throwaway_6202217 hours ago|
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You are moving the goal posts. You said this memo does not apply to dual intent visa holders and I proved it does. I am not saying if an exception should be made ffor H1B visa holders or not.

I am just pointing out this affects all employment visa types.for countries with long delays in counselor processing this effectively kills any chance of getting Green card because no employer will wait that long.

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upvoteby BrokenCogs1 days ago|
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No, this also affects anyone under employment based immigration petitions unrelated to marrying a US citizen.
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upvoteby 0xy1 days ago|
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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-...

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upvoteby zippothrowaway23 hours ago|
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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

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upvoteby BrokenCogs1 days ago|
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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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upvoteby 0xy19 hours ago|
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O-1 is a dual intent visa, as is L-1, as is H-1B, so I have no idea what you're talking about?
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upvoteby BrokenCogs15 hours ago|
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No, the O-1 is not officially dual intent: https://www.wegreened.com/o1-visa
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upvoteby 0xy5 hours ago|
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Complete nonsense. It is.

https://fam.state.gov/fam/09FAM/09FAM040213.html#M402_13_5_B

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upvoteby BrokenCogs4 hours ago|
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Do you know why many sources state that it is not dual intent or that it is "quasi dual intent"?
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upvoteby 0xy1 hours ago|
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"The noncitizen may legitimately come to the United States for a temporary period as an O-1 or O-3 dependent nonimmigrant and depart voluntarily at the end of their authorized stay and, at the same time, lawfully seek to become an LPR of the United States."

Seems extremely clear to me.

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upvoteby beej711 days ago|
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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.
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upvoteby arrowleaf1 days ago|
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Our population problems, in that we need immigration to avoid population decline? Our total fertility rate is 1.6.
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upvoteby beej7123 hours ago|
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Exactly that. And really, it's still not going to be enough.
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upvoteby 21 hours ago|
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upvoteby nrmitchi1 days ago|
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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.
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upvoteby 0xy1 days ago|
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"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-...

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upvoteby nrmitchi23 hours ago|
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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.

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upvoteby rorylawless17 hours ago|
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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.
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