MEGATHREAD- What does a Trump Presidency mean for visas? (merged)

[Dutchster 1,107]

Like I've stated before, I think a lot of people are scaring each other unnecessary and we won't be or get affected by Trump's presidency. "He doesn't like foreigners" - Explain his immigrant wife. "He is going to stop greencards" - Try to do that with an immigrant wife. "He's against immigrants" - Again, explain his immigrant wife. "Are we getting rejected?" Oh my god, no. You're doing it the legal way, as everyone wants to see. Trump wants undocumented, illegal immigrants deported.

I think Melania is not a great example as a First Lady when it comes to many things but I think she might be helping with migration stuff or anything. It'd be double standards if he would close all visas/greencards etc while his wife is here too on a greencard. I have never ever heard him talk about legal immigrants. Is he an ####### with a big mouth? Yes. Will he deport illegals? Yes. Will he freeze greencards? No and especially no for the 2016/2017 applications. Stop scaring one another, for a minute I was a little scared to but I am not anymore. Why should I? I do everything the legal way, I paid every fee possible, I worked hard for this visa, I worked hard to afford this visa. I've been nothing but truthful, honest and hard working. I work hard to contribute in the American society and he has no problems with people like me or us.

[ACubed 3]

Much of Trump's plans are vague and mostly geared at illegal immigration, however, there is one thing to be somewhat concerned about. The following is a direct quote form plan put for his first 100-days in office --

Unclear if USCIS or NVC fall under the "public safety" exemption, but this could mean fewer employees at the service centers and visa processing facilities. This in turn could mean much longer waits/delays.

In this instance it means not hiring any more people and that people when they retire or resign will not be replaced. It dies not mean he is going to cut numbers right away. The numbers at the FOs and offices of the USCIS will remain the same at least for a few more months or a year or two and quite unlikely it is going to make much of a difference to the process.

A lot of the delay we have is due to the half mil plus naturalization applications this year.

Edited November 10, 2016 by ACubed

[JohnMN 1]

Trump has made it clear (not that he's very clear about anything) that he will appoint justices to the Supreme Court that will overturn same-sex marriage. So, those of you saying we shouldn't worry of our spouse came to the USA legally but what if our legal marriage is retroactively invalidated? That will leave my (soon to be) husband subject to deportation.

[Anitafeliz 1,133]

We have selective readers....

[russandraquel 86]

Here is my theory:

1) Trump was a socially liberal democrat for YEARS. He changed his tune on just about every issue, I think, to get the republican base behind him. I don't think he actually believes in a lot of stuff he said. After all, he flip flopped and lied, again and again to win the presidency.

2) So the question is, what will Trump actually do? I think he will do his best to preserve the most important abortion right and fundamental gay marriage rights. But probably, he won't care if someone doesn't want to bake you a cake, and he might tell you to use a bathroom that feels like the wrong one.

3) If Trump follows the direction of his party, it may not matter who he appoints to the supreme court. The court is going to be more liberal, because any replacement for Scalia is more liberal. If a liberal leaves, it still may not matter. Why? Because it is still hard to overturn a previous decision. AND all of this will take a very long time to do. Gay marriage hasn't been a bad thing and god didn't rain down fire and brimstone. I imagine that public opinion has shifted enough that the republicans know this one will break them in the next election.

4) The republicans ran the table in the previous decade and they still couldn't manage to overturn Roe Vs. Wade. Think about that signature issue - they aren't going to get a less supported issue like banning gay marriage through.

5) The republicans have to do something about healthcare. That is going to take a tremendous amount of time, and it seems like the most important thing to do while they have power.

For work Visas, he might get something done like that, but the business community might get pissy, because "we need the best talent available in a free market!"

Edited November 11, 2016 by russandraquel

[swstephe 13]

I've been doing some research into the question myself. Maybe someone with more legal information can correct me, but so far it looks like Trump can definitely block visas for entire classes of people due to the McCarren-Walter Act:

Section 212(f) of the Immigration and Nationality Act of 1952 states: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.”

Most of the recent presidents have used this law to ban visas for classes of people, Bill Clinton banned members of the Haitian military, Obama used it to ban people on the UN travel ban and those falling under financial criminal acts. The real problem was that Trump first said he would ban all Muslims, (which raised questions about a religious test), then he said any territory with terrorist events, (which would potentially ban people from Europe and Australia as well). Just the last few days, the statement about banning Muslims has been taken down from the website.

So, right now, I really don't know what the future will hold. I don't want to bet on anyone breaking their campaign promises, so I'll keep my options open.

[swstephe 13]

Hey. I'm an Indian Citizen and husband is a LPR. Even though I'm a Hindu and all the paperwork is legal, I'm scared too. My file is just two months away from being current. And now, I'm going crazy thinking what's gonna happen next. At this stage, I'll suggest staying calm. Don't worry. Atleast not yet. We'll get through this.

You might actually safe in this case. Apparently, Trump has no problem at all with Hindu immigrants.

[ram19 7]

Hi, I'm much worried about my condition, I entered the US lawfully with a k1 visa, under the same sex marriage law and now living a happy life with my spouse, however it terrified my big time when Trump won the election, thinking that I'm gonna have a big issue renewing my conditional greencard July 2017. Any thoughts about this? Thanks

[evalili 10]

I've been doing some research into the question myself. Maybe someone with more legal information can correct me, but so far it looks like Trump can definitely block visas for entire classes of people due to the McCarren-Walter Act:

Most of the recent presidents have used this law to ban visas for classes of people, Bill Clinton banned members of the Haitian military, Obama used it to ban people on the UN travel ban and those falling under financial criminal acts. The real problem was that Trump first said he would ban all Muslims, (which raised questions about a religious test), then he said any territory with terrorist events, (which would potentially ban people from Europe and Australia as well). Just the last few days, the statement about banning Muslims has been taken down from the website.

So, right now, I really don't know what the future will hold. I don't want to bet on anyone breaking their campaign promises, so I'll keep my options open.

Well, I have a dual citizenship with the United Kingdom and Hong Kong, and I have put both of my nationalities down on my DS260 form. Do you think that they might not approve me because I have a citizenship with an European country? I'm asking out of curisity, and not in a way to oppose to what you're saying. I'm just really worried. Edited November 11, 2016 by evalili

[swstephe 13]

Well, I have a dual citizenship with the United Kingdom and Hong Kong, and I have put both of my nationalities down on my DS260 form. Do you think that they might not approve me because I have a citizenship with an European country? I'm asking out of curisity, and not in a way to oppose to what you're saying. I'm just really worried.

Like I said, I have no idea. My brother had dual citizenship, a child of US military born in the UK, but the US didn't recognize dual citizenship, so he was told he had to choose one. He chose US to avoid conscription, (he didn't realize it had already been abolished), then ended up being a reservist in the military anyway. I think you are much better off than us. We are Muslims and my fiance comes from a country with terrorists. It could be anything from "nothing" to "internment camps", (like they did to the Japanese), depending on who you listen to.

[ACubed 3]

Here is my theory:

1) Trump was a socially liberal democrat for YEARS. He changed his tune on just about every issue, I think, to get the republican base behind him. I don't think he actually believes in a lot of stuff he said. After all, he flip flopped and lied, again and again to win the presidency.

2) So the question is, what will Trump actually do? I think he will do his best to preserve the most important abortion right and fundamental gay marriage rights. But probably, he won't care if someone doesn't want to bake you a cake, and he might tell you to use a bathroom that feels like the wrong one.

3) If Trump follows the direction of his party, it may not matter who he appoints to the supreme court. The court is going to be more liberal, because any replacement for Scalia is more liberal. If a liberal leaves, it still may not matter. Why? Because it is still hard to overturn a previous decision. AND all of this will take a very long time to do. Gay marriage hasn't been a bad thing and god didn't rain down fire and brimstone. I imagine that public opinion has shifted enough that the republicans know this one will break them in the next election.

4) The republicans ran the table in the previous decade and they still couldn't manage to overturn Roe Vs. Wade. Think about that signature issue - they aren't going to get a less supported issue like banning gay marriage through.

5) The republicans have to do something about healthcare. That is going to take a tremendous amount of time, and it seems like the most important thing to do while they have power.

For work Visas, he might get something done like that, but the business community might get pissy, because "we need the best talent available in a free market!"

Ditto

I agree. He was a liberal for decades. I think his running as a Republican candidate was a ploy to win and a reflection of his opinion of Obama and the party he stands for. Also, he might have been driven by the fact that the Democrats had already held the WH for two terms. He said whatever would get him elected - all candidates do. How many of those things he will be able to follow through with is yet to be seen.

Republicans will want to hold the White House for the next term and appeal to the millennial base as well. Republican millennials are more liberal than the older generations.

They are not likely to vote to overturn same sex marriage. If they tried, they are not likely to be successful. Something like that is likely to take months if not years. They have more important issues at hand to deal with first.

[Anitafeliz 1,133]

I see many failed citizenship test in your futures.

Please study

https://votesmart.org/education/how-a-bill-becomes-law#.WCWnQb1OnqA

Edited November 11, 2016 by Anitafeliz

[Adam&Allison 128]

I see many failed citizenship test in your futures.

Please study

https://votesmart.org/education/how-a-bill-becomes-law#.WCWnQb1OnqA

Yeah passing a bill isn't as simple as people think. I think what freaks alot of people out is that the Republican's control the Senate and Congress too. But as people have pointed out, Trump doesn't have the backing of all the Republican's. I don't think too much will change, in all honesty. The most I see changing as I said in other posts is more scrutiny. But if people have nothing to hide as I'm sure we all don't then that won't be an issue.

[MarkPerry 488]

Trump can certainly ban people from specific countries by executive order.

Agreed, I think he will impose a ban on few select countries and Syria is probably high on the list.

[MarkPerry 488]

hi

no, he can't change anything, and also, he starts in January, and the new members of Congress voted as well

Congress is the only one who can change immigration laws

so don't worry

You can count on him getting rid of the executive action sign in my Obama on DACA. Giving those work permits and ban on deportation. That will change a few days after he enters office. It is on his platform Read #5

https://www.donaldjtrump.com/policies/immigration