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

[Hypnos 6,576]

I've seen plenty of posts here from people who have used their I-485 NOA to indicate to CBP (at checkpoints) that they are currently in a period of authorised stay.

That being said, given the current climate, if an alien, legal or otherwise, can avoid these checkpoints then it would probably be an excellent idea to do so.

[sparkles_ 456]

I'm not trying to scare anyone, but all of us who are waiting for the green card should be aware of what I believe is already happening so we can make choices to avoid coming in contact with CPB and ICE.

Given the new political climate I don't think we can be too careful in the upcoming months. We are a bit more worried now about not yet having our green card and being in the limbo they are calling "Period of Stay Authorized by the Attorney General" especially given who the new attorney general will be in 2 months. (A bit about Sessions: "And in those roles, he has fought tooth and nail against advances for racial equality, women’s rights, due process for immigrants, or voting rights.")

We are also aware that even under the Obama admin people in our limbo situation were being placed in removal. (see below) We are pretty sure that won't get better under the new admin. In fact, we might just be the low hanging fruit Trump needs to get his 1-2 million and claim victory for deporting criminals.......Once deported who will know if we were criminals or in a legal limbo? Each of us will just be a number in the statistics.

Here is the article that explains the details https://www.ilw.com/articles/2009,0120-rizzo.shtm

Here is an excerpt which explains the basics

ICE and CBP interpret the date of expiration of the I-94 as out-of-status and thus, subject to removal proceedings under INA 240. CBP acknowledges that under 8 CFR 274a.12(b)(20), an alien is eligible to work in the U.S. while an extension petition is pending. However, this provision only applies to work authorization. CBP takes the position that an alien in possession of an expired I-94 card is out-of-status, regardless of whether an extension petition is pending before CIS. If encountered, such aliens will be picked up by the Border Patrol and will be placed in removal proceedings.

The above seems to apply mostly to extensions, while the following seems to apply to all of us:

Based on an informal discussion with a local CBP officer in Buffalo, NY it appears that it is not only local, but national CBP policy to consider aliens who are in a period of authorized stay to be removable if they are out of status. Border Patrol officers, who are part of CBP and are responsible for patrolling the areas between ports of entry, are not given any discretion in terms of who to detain; anyone lacking proof of currently valid status is arrested and detained. It is not until an ICE attorney has a chance to review the case that discretion can be exercised to determine whether or not to issue an NTA to a detainee. Meanwhile, an alien who has an adjustment of status application or a timely filed extension or change of status request pending may be locked up in detention for days or weeks.

(Both quotes are from the above linked article)

And, given this mogolian cluster I called USCIS to ask if ANY proof of legal status can be given. I was told the EAD/AP card and SS card along with the receipt for I-485 would be proof and that we wouldn't be detained. I think in an ideal world that might be true, but apparently it isn't true. I told her that CPB is in fact detaining people, and she said USCIS doesn't have control over them. So there you have it.

She claimed there was something I could print from the USCIS page describing that we are legal. If anyone finds this let me know.

For the time being, all of us should carry as much proof as we can (SS card, EAD/AP, state ID if you can get it, proof of marriage, I-797, passport, visa, etc. ) You might want to have the phone number of an experienced immigration attorney with you as well. We probably should avoid the border areas (and buses and Western Union offices where ICE has been known to watch for Latinos)

Speaking as someone who actually had to terminate removal before filing AOS based on a pending i130, an immigration judge will almost always NOT remove someone pending AOS or pending an i130 unless they have some decent criminal history or equal badness happening. I can't speak on other visa types. Yes, in theory you could get issues a notice to appear or rarely be detained, but even if, your case will at beast be delayed for a while.....ours sucked up a one year delay over it.

Now the AG period of authorized stay, I am clueless on if the wording can be changed and made so that there is no period of stay authorized at all for those who are out of status upon filing AOS or become out of status while in process.

[ML Magz 1]

My fiancee has her interview next month and God-willing, she will be here in February 2017. We were planning on taking that 90-day allowance before getting married. Being that we are both females, should we consider rushing marrying each other?

[Krissyb93 27]

Wow way to spread fear this mans not even in office.

People "protesting" Riots this is insane. State to state...

Is this what the next four years will be???

OMG

I hope so. We just elected a man who made racists, white supremacists, nazis, ect feel completely emboldened and relevant again. When these people say "make America great again" they mean get rid of the scary brown people. Donald Trump may or may not be aware of this (doubt it, he's never seemed very self aware), but he's awakened alot of evil in the united states. This is NOT fear mongering, these are facts. Also, a very small part of the country wanted this. Hillary won the popular vote by millions, and that doesn't even include the people who voted 3rd party. America is pissed right now and it's completely understandable.

[Krissyb93 27]

I have a question about the Muslim registry. How exactly do you know someone is Muslim? I'm not sure how this will work but I'm assuming once you immigrate to the US you'd probably be put on the registry at the port of arrival? How do we expect these people to distinguish Muslims from sikhs from hindus ect? Not every Muslim has a "Muslim sounding name". This idea is just insane to me and I can see it leading to alot of people being registered simply because they have brown skin. My husband is Sikh and this is something I'm really worried about.

[millefleur 5,046]

I have a question about the Muslim registry. How exactly do you know someone is Muslim? I'm not sure how this will work but I'm assuming once you immigrate to the US you'd probably be put on the registry at the port of arrival? How do we expect these people to distinguish Muslims from sikhs from hindus ect? Not every Muslim has a "Muslim sounding name". This idea is just insane to me and I can see it leading to alot of people being registered simply because they have brown skin. My husband is Sikh and this is something I'm really worried about.

Exactly. It's kind of insane because I have no idea how they will go about it. A person can say they aren't a Muslim, then convert later; others can just lie....the whole thing is a mess and makes no sense.

There are already registries and lists of people with "suspicious" names. My brother was on the Terrorist Watch List some years ago for having an "overly common name,"...and we're talking super generic American here, like "John Smith" level common. He was stopped in airports a couple of times, despite being a white male. I think that was during the Bush years, not sure if that is still in practice...but we might see more of things like this under Trump.

[Anitafeliz 1,133]

I have no clue I guess this brown comment includes me my children and husband as we are all brown...

I just wish everyone to get along whom ever is President lead....and for us to eradicate the electoral college....

this is a lesson now we need to act.

I hope so. We just elected a man who made racists, white supremacists, nazis, ect feel completely emboldened and relevant again. When these people say "make America great again" they mean get rid of the scary brown people. Donald Trump may or may not be aware of this (doubt it, he's never seemed very self aware), but he's awakened alot of evil in the united states. This is NOT fear mongering, these are facts. Also, a very small part of the country wanted this. Hillary won the popular vote by millions, and that doesn't even include the people who voted 3rd party. America is pissed right now and it's completely understandable.

Edited November 23, 2016 by Anitafeliz

[Krissyb93 27]

Exactly. It's kind of insane because I have no idea how they will go about it. A person can say they aren't a Muslim, then convert later; others can just lie....the whole thing is a mess and makes no sense.

There are already registries and lists of people with "suspicious" names. My brother was on the Terrorist Watch List some years ago for having an "overly common name,"...and we're talking super generic American here, like "John Smith" level common. He was stopped in airports a couple of times, despite being a white male. I think that was during the Bush years, not sure if that is still in practice...but we might see more of things like this under Trump.

Those super secret lists are scary. I've heard of people being put on the no fly list for absolutely nothing and they don't even know it until they're kicked off a flight. It's a huge mess and there's no fool proof way to figure out if someone is Muslim. Unless the plan is just "register everyone from Africa, the Middle East, and India" which would be absolutely disgusting and to be honest with you I'm not sure I'd want to bring my husband into a country that's so scared of him anyways.

[Krissyb93 27]

I have no clue I guess this brown comment includes me my children and husband as we are all brown...

I just wish everyone to get along whom ever is President lead....and for us to eradicate the electoral college....

this is a lesson now we need to act.

That's what I want too, but is that even possible at this point? With all these terrible people coming out of the wood works I'm starting to feel like its not possible for us "all to just get along". How do you get along with people who want to kick you out of the country you live in, or who want you dead? And I agree, we do need to act. The first thing we need to do is let these people know we WILL NOT lay down and be quiet for them. We have to stand up for ourselves, take up space and let them know we're not going anywhere.

[N-o-l-a 7,167]

That's what I want too, but is that even possible at this point? With all these terrible people coming out of the wood works I'm starting to feel like its not possible for us "all to just get along". How do you get along with people who want to kick you out of the country you live in, or who want you dead? And I agree, we do need to act. The first thing we need to do is let these people know we WILL NOT lay down and be quiet for them. We have to stand up for ourselves, take up space and let them know we're not going anywhere.

Just like most groups of people have gone through in history, including other immigrants to America? You think that any very different immigrant group is really welcome with open arms by everyone in any country?

The best thing you can do is integrate, just like everyone else. A good way to not be accepted is to keep insisting you are so different and everyone better look at you and pay attention to you in your difference. The more people see how ordinary you are, the less hate in their heart they can have. The more loudly different you try to be, the more alienated they are going to be.

In my opinion living in an area that is 95% white except the nearby Reservations and also being near a refugee resettlement area, the biggest issue with integration is the refugees insisting on being separate than the community. They've got to have their own food stores, coffee places that women don't feel comfortable in, and still wear their native dress. It is a free country so they are allowed to do that, but the less interaction the 95 or 99% gets with them, the less they get to see them as fellow human beings.

Edited November 23, 2016 by N-o-l-a

[Krissyb93 27]

Just like most groups of people have gone through in history, including other immigrants to America? You think that any very different immigrant group is really welcome with open arms by everyone in any country?

The best thing you can do is integrate, just like everyone else. A good way to not be accepted is to keep insisting you are so different and everyone better look at you and pay attention to you in your difference. The more people see how ordinary you are, the less hate in their heart they can have. The more loudly different you try to be, the more alienated they are going to be.

In my opinion living in an area that is 95% white except the nearby Reservations and also being near a refugee resettlement area, the biggest issue with integration is the refugees insisting on being separate than the community. They've got to have their own food stores, coffee places that women don't feel comfortable in, and still wear their native dress. It is a free country so they are allowed to do that, but the less interaction the 95 or 99% gets with them, the less they get to see them as fellow human beings.

I'm not talking about just immigrants, I'm talking about anyone with a working brain who didn't just put one of the most unqualified candidates ever into the white house. I'm not an immigrant, I'm a white woman who was born in America. Donald Trump is a disgusting man who's been putting an even more disgusting transition team together. Most of us DID NOT want this. Hillary won the popular vote by a long shot and the 3rd party candidates got alot of votes as well. Most of America is very unhappy with this right now, as they should be, and as they're allowed to be. I'm disgusted at what we've just done to ourselves.

[Transborderwife 4,666]

I'm not talking about just immigrants, I'm talking about anyone with a working brain who didn't just put one of the most unqualified candidates ever into the white house. I'm not an immigrant, I'm a white woman who was born in America. Donald Trump is a disgusting man who's been putting an even more disgusting transition team together. Most of us DID NOT want this. Hillary won the popular vote by a long shot and the 3rd party candidates got alot of votes as well. Most of America is very unhappy with this right now, as they should be, and as they're allowed to be. I'm disgusted at what we've just done to ourselves.

wanted or not, these are the results. instead of focusing negatively on this why not see what he does and move int positive action?

[controlla 104]

So much unnecessary panic in this thread.

[Transborderwife 4,666]

So much unnecessary panic in this thread.

i agree. I've heard the phrase 'he changed his mind' or 'backtracking' about 8x within the past week in the news.

[millefleur 5,046]

i agree. I've heard the phrase 'he changed his mind' or 'backtracking' about 8x within the past week in the news.

If Trump actually lives up to all his campaign promises, I think he might be the first in US history to do so!