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

[MarkPerry 488]

I think for most of the people you wil see no change. Maybe the process will speed up and get much faster in the future after all the illegals are cleared out of the system

[rahill 28]

He has said that he wants to make it harder to get a green card and possibly freeze green card process altogether. I am hoping that this won't affect pending cases. I sent our application for spouse visa CR-1 in September. It seems like it would take some time for him to get anything pushed through Congress right?

[MarkPerry 488]

He has said that he wants to make it harder to get a green card and possibly freeze green card process altogether. I am hoping that this won't affect pending cases. I sent our application for spouse visa CR-1 in September. It seems like it would take some time for him to get anything pushed through Congress right?

I don't forsee any issues in your case. I think he will be going after the H1B visas where they are bringing in so many IT workers, and also he gonna kill DACA.

[zuluweta 250]

Very incorrect answer. He can be a force behind a lot of things changing. I can see some recent Supreme Court being over turned especially same sex marriage. I can see him ramrodding work visa to a halt.

Dream on regarding same-sex marriage. Even with ultra conservative Scalia on the bench, the anti-gay zealots lost the same-sex marriage fight at the Supreme Court.

[Hopeforbest 9]

It's worries

[Derwood 203]

...

The second big fear is that DOMA will be reinstated, which will mean that same-sex couples will not be able to bring their foreign spouses to the US. What this means for MY case is that my spouse, who is Australian, will probably get her 10-year Green Card (we are six months into it already), but that she would not be allowed to become a Citizen.

If DOMA is reinstated, then no same-sex couples will be allowed to immigrate using a family visa. EB3 dependents will not be allowed to enter the US.

So same-sex couples SHOULD be frightened out of their wits.

...

Sukie in NY

We're a same-sex couple, due to file ROC in February 2017.

The possibility of DOMA being reinstated is a frightening prospect. Section 216 of the Immigration & Nationality Act which deals with the Removing of Conditions has that key word 'spouse' throughout it. DOMA used to specifically define any reference to the word 'spouse' in federal law as being one man and one woman only. For that very reason, if DOMA were reinstated I believe that Section 216 would not apply to same-sex relationships and an application under it would not be valid. Without such a valid application being made, the conditional resident (me) would be automatically be placed into deportation proceedings at the end of the conditional resident period. That's my humble non-legal opinion anyway.

I have taken some comfort in re-reading the DOMA decision and reminding myself of Kennedy's striking language.

I've also learned a little about 'horizontal stare decisis' whereby courts are reluctant to change the rules of laws that were established by their previous decisions. The justification for stare decisis is that it gives us stable law.

I still don't buy that Trump is truly a right-wing republican anyway. It's his running mate that really frightens me.

[Dutchster 1,107]

I'm less worried about Mr Trump than I am about Mike Pence.

[MarkPerry 488]

I'm less worried about Mr Trump than I am about Mike Pence.

Valid Point. I wouldn't be surprised to see him elected after Trump, the man is a well respected politician. I can forsee him appointing Supreme Court Justice and make the court very very conservative. It wouldn't shock me to see Roe vs. Wade challenged and maybe making abortion illegal again. But that would be under a Pence leadership

[millefleur 5,046]

Just let me jump in here:

Could Trump overturn Roe v. Wade?

Not on his own. The Supreme Court decision in 1973 struck down state laws around the country that banned abortions. Ever since, antiabortion groups have called for reversing the ruling.

The decision could be overturned two ways — by a new Supreme Court decision or by a constitutional amendment. The high court has reaffirmed the Roe decision repeatedly, most recently by a 5-3 vote in June that struck down a Texas law that limited abortions.

In theory, if enough vacancies arise on the court, Trump could appoint a sufficient number of justices who would overturn Roe. In practice, the Supreme Court has had a majority of Republican-appointed justices since Roe was handed down, except for the past few months of a 4-4 tie, and that’s never happened.

As for a constitutional amendment, the president has no role in that process. Amendments have to pass both houses of Congress by a two-thirds vote and be ratified by three-quarters of the states — a high bar.

Are same-sex marriages at risk?

No. Just as with abortion, the president can’t overturn a Supreme Court decision by himself, although he could appoint more conservative justices. Even then, the chance that the high court would reverse itself is very small. Unlike abortion, same-sex marriage has steadily gained in public approval.

Trump could try to reverse some Obama administration rulings that favored same-sex couples on issues such as federal benefits. He hasn’t suggested that he would. And if he did, his decisions could be challenged in court.

via The LA Times

Edited November 11, 2016 by millefleur

[bootleg gucci 2]

It's worries

Yeah, I saw that yahoo article, not just Visa worries but those in the GC process. If a person is in ROC 751 process, then he or she counts as already issued a Green Card (even though it's Conditional GC), so hopefully any pausing of GC issuance wouldn't effect those in ROC process?

For any worried non-white immigrants, Hillary is still winning the popular vote in the election by almost 400,000 votes now, and be assured there are WAY more reasonable and pluralistic citizens in the USA then there are biggots and racist fools. They are vastly outnumbered especially in the coasts and major cities. IMO Trump still holds Northerner social values as he's from Queens NYC, and it's ironic all these Southerners bought into his xenophobic rhetoric even though he's clearly a "carpetbagger". He's shown himself toning down after meetings in Washington.

[evalili 10]

Yeah, I saw that yahoo article, not just Visa worries but those in the GC process. If a person is in ROC 751 process, then he or she counts as already issued a Green Card (even though it's Conditional GC), so hopefully any pausing of GC issuance wouldn't effect those in ROC process?

For any worried non-white immigrants, Hillary is still winning the popular vote in the election by almost 400,000 votes now, and be assured there are WAY more reasonable and pluralistic citizens in the USA then there are biggots and racist fools. They are vastly outnumbered especially in the coasts and major cities. IMO Trump still holds Northerner social values as he's from Queens NYC, and it's ironic all these Southerners bought into his xenophobic rhetoric even though he's clearly a "carpetbagger". He's shown himself toning down after meetings in Washington.

should I be worried? my case has just been completed at the NVC and awaiting to forward to my local embassy here in Hong Kong. I also have dual citizenship with Hong Kong and Untied Kingdom.

I know that Hilary is against working with successful countries like China, Russia and UK.

Edited November 11, 2016 by evalili

[TBoneTX 45,304]

Hillary Clinton is no longer involved in any policy. She lost the election.

Donald Trump will take office in late January. He won the election.

Everyone should please dial down their hysteria and panic.

[SunflowerSweet 1,321]

http://www.nbcnews.com/politics/congress/capitol-hill-meetings-donald-trump-reveals-his-top-priorities-n682211?cid=sm_fb_lastword

[Sukie 1,460]

this thread is pure hysteria.

I think MANY should read about laws procedures and how laws are passed in the United States.

I am a lesbian and I am 60 years old. I have been actively discriminated against all my life - from the church, from business, and by the government. I finally thought I could live out my years in peace - with my and my spouse having the same rights and responsibilities of all legally married couples.

That could change with the appointment of a conservative Supreme Court Justice. So please do not call me a moron, as the poster below you did.

We have REAL reasons to be fearful.

Sukie in NY

[leroyleviticus 80]

How ironic, considering his wife allegedly worked as a model on a tourist visa for a while, which - as most of us know - is illegal.

Trump will cut down on legal immigration, I think spousal visas for LPR's will be not anymore available in future:

10. Reform legal immigration to serve the best interests of America and its workers, keeping immigration levels within historic norms.