The green card system is a mess anyway. It used to take a couple of months outside the country. Now 12-18 minimum even on a marriage visa. If you apply in the us it take almost as long and currently youβre recommended to not leave the us unless you apply for a special visa for that purpose (almost as long as the green card)
It seems our modern politics doesnβt actually want to make anything work. Just signal allegiance.
This just makes everything more confusing.
If I understand this correctly, this is a direct assault on the US talent supply pipeline. Getting a work permit after studies and then applying for a green card is how smart people enter this country. Most people who come to the US to study do so because they want to get a job here and stay. It is as if the current administration did not want talented people to come here.
Force all our best researchers to leave the USA and go back to their home countries if they want to become Americans. Complete destruction of America's competitive advantage. Probably the worst policy i have ever seen and it's facing some stiff competition
USCIS just dropped PM-602-0199. The new line: adjustment of status is "extraordinary" relief, and choosing it over consular processing can count against you, even for H-1B and L-1 workers with dual intent.
Section 245(a) does not say adjustment is disfavored; it says the Secretary "may" adjust status in his discretion, which is the same discretionary structure Congress uses for many forms of relief that are not treated as extraordinary disfavor. More importantly, Congress has repeatedly amended section 245 to expand adjustment, including section 245(i), section 245(k), the LIFE Act, and the dual-intent provisions for H and L nonimmigrants. The memo's reading that AOS is a grudging exception cannot be squared with a statute Congress has consistently broadened.
The latest radical example of an all out assault on legal immigration.
Adjusting status to legal permanent resident from inside the US is not a βloophole.β Itβs the process for ppl whoβve followed the rules & have a legal mechanism to pursue residency.
Just horrible policy.
Under the logic of this new USCIS policy, even someone like our First Lady @FLOTUS could have been told:
βGo back to your home country and apply for your green card through consular processing instead.β
Meaning the future President of the United States may have had to spend years separated from his wife while waiting abroad for approval.
Thatβs how absurd this gets when bureaucrats start treating Adjustment of Status as some extraordinary act of government βgraceβ instead of a normal part of a functioning legal immigration system.
@USCIS is supposed to be the plumber that maintains the pipes of our immigration system.
Instead, these people are taking a sledgehammer to the entire water line.