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

[Michael2017 368]

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.

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

Donald J. Trump’s 10 Point Plan to Put America First

1. Begin working on an impenetrable physical wall on the southern border, on day one. Mexico will pay for the wall.

2. End catch-and-release. Under a Trump administration, anyone who illegally crosses the border will be detained until they are removed out of our country.

3. Move criminal aliens out day one, in joint operations with local, state, and federal law enforcement. We will terminate the Obama administration’s deadly, non-enforcement policies that allow thousands of criminal aliens to freely roam our streets.

4. End sanctuary cities.

5. Immediately terminate President Obama’s two illegal executive amnesties. All immigration laws will be enforced - we will triple the number of ICE agents. Anyone who enters the U.S. illegally is subject to deportation. That is what it means to have laws and to have a country.

6. Suspend the issuance of visas to any place where adequate screening cannot occur, until proven and effective vetting mechanisms can be put into place.

7. Ensure that other countries take their people back when we order them deported.

8. Ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports.

9. Turn off the jobs and benefits magnet. Many immigrants come to the U.S. illegally in search of jobs, even though federal law prohibits the employment of illegal immigrants.

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

[Kat&Jon 85]

I know it has been said a few times already, but I wanted to reiterate so people can calm down a bit. Trump is against illegal immigration. If you think about it (and if I remember correctly) his current wife came into the US as a LEGAL immigrant. Why would he do away with the legal immigration that allowed his wife to come into the country?

Trump is concerned around working visas because he wants American citizens who are without jobs to be considered over foreign internationals. I don't agree with all of his ideas on immigration, and he does have the ability to enact an executive order, but keep in mind we have 3 branches of government here in the US to prevent the other branches from using too much power. Congress and the Supreme Court can overturn decisions if they deem them unconstitutional.

I know it is frightening to a lot of people, but honestly the most powerful person in the US as of right now is Paul Ryan since he is currently in charge of a Republican lead Congress. Immigration isn't really on Ryan's radar.

Also, as others have said, passing laws takes a long time so we likely won't even see the effects of Trumps presidency until the last 2 years of his election. That is if he even lasts that long. If he does what everyone believes he will do by making some huge mistake... Congress will impeach him and then it doesn't matter, but that is a whole different story that I don't think will even happen. (though it would be funny if it did)

Lastly, as Michael said, he wants to keep legal immigration levels within historic norms. This is key!!!

Please keep your hopes up and continue with the process. There is enough stress in this process without adding more to it. Just make sure to get those applications in before the increase in fees if you can!!!

[Beth & Achraf 328]

I wonder , is all the ones that entered US legally, and fall out of status, married and applies for AOS would be affected.

Can he do anything to stop it? or he can not cause it happened all before his election.

[SunflowerSweet 1,321]

To all of you

the President does not conttrol immigration

it is not paid for under the Federal budget

it is paid for by our fees only

when i wrote to Obama the letter i received said "all were concerned over immigraition but the President and federal government officals did not control immigration

the President, however, will appoint ambassadors and change out who he wants in the first quarter of his Presidency he appoints thousands of positions

there is no special congressional committee working on immigration reform

Are you trying to say that just because visa fees aren't in the federal budget that the federal government can't control it? Because that is insane and completely untrue.

Just look at 1980, where President Carter's sanctions against Iran effectively cancelled all visas for Iranian citizens. While a Muslim ban is a whole 'nother ballgame than sanctions against a particular country, the point is the President as well as the rest of the Federal Government has plenty of tools to control immigration.

I am also curious to what the letter you sent to the President was about. If it was a request for him to intervene in your specific case, then yes of course they are going to tell you the President has no control over that, because if they were in the business of looking into the immigration claims of anyone who asked, nothing else would get done.

As for committees, there does not need to be a specific committee on immigration for a bill relating to immigration to be constructed. Where on earth did you get that idea? Any member of Congress can put forward a bill for debate and consideration as long as he follows procedure and decorum rules. Only after the bill is put forward does it get sent to a specific committee in order to be further debated and drawn out. Now there already exists multiple committees where an immigration bill could be relevant (defense, foreign affairs, etc.) Even if there wasn't, it is not difficult at all to create a special committee dedicated solely to immigration.

You are also overlooking the fact that changes can exist even if no bill is put forward and even if no committee is created. The recent VWP changes disqualifying people who have nationality in or have recently visited certain countries was not passed on it's own as a bill (though there was one put forward to Congress with very similar guidelines) it was stuck in last minute to the omnibus spending bill.

[RodDetroit 118]

i'm more worried about me getting there to the US to get married to my fiance. We're a gay couple so it's kind of a double whammy for Trump. We got the NOA1 at the day of election even!

Trumpt never had a problem with gay marriage, he never said he will fight ,

[RodDetroit 118]

I know it has been said a few times already, but I wanted to reiterate so people can calm down a bit. Trump is against illegal immigration. If you think about it (and if I remember correctly) his current wife came into the US as a LEGAL immigrant. Why would he do away with the legal immigration that allowed his wife to come into the country?

Trump is concerned around working visas because he wants American citizens who are without jobs to be considered over foreign internationals. I don't agree with all of his ideas on immigration, and he does have the ability to enact an executive order, but keep in mind we have 3 branches of government here in the US to prevent the other branches from using too much power. Congress and the Supreme Court can overturn decisions if they deem them unconstitutional.

I know it is frightening to a lot of people, but honestly the most powerful person in the US as of right now is Paul Ryan since he is currently in charge of a Republican lead Congress. Immigration isn't really on Ryan's radar.

Also, as others have said, passing laws takes a long time so we likely won't even see the effects of Trumps presidency until the last 2 years of his election. That is if he even lasts that long. If he does what everyone believes he will do by making some huge mistake... Congress will impeach him and then it doesn't matter, but that is a whole different story that I don't think will even happen. (though it would be funny if it did)

Lastly, as Michael said, he wants to keep legal immigration levels within historic norms. This is key!!!

Please keep your hopes up and continue with the process. There is enough stress in this process without adding more to it. Just make sure to get those applications in before the increase in fees if you can!!!

his wife did work as a model in the US without the proper visa for it .

[mayed 0]

What about those U.S citizen son/daughter who made an adjustment of status(currently pending) for their parents who already overstayed their visa for less tahn 180 days. Are they already considered as illegal immigrants and could possibly be affected with the newly elected president's campaign for illegal immigrants deportation? any insights for this is greatly appreciated. thanks

[hateadminforms 19]

In addition to both of these things, I did some research and it turns out that regarding both points he's talking about employment based green cards, he made no mention of marriage based green cards

All here are nervous, BUT think about it:

HOW LONG HAVE WE ALL BEEN IN AN ADMINISTRATION BLACK HOLE?

If there is a change in January it will not be back-dated, they already react so slowly it will take months to implement - as long as he does something in 4 years he will fulfil his campaign promise.

Expect in 2017 - Focus on:

How big is the problem

Plan to increase screening and amend process

Monitor current applications, work at same level - slow and spend current budget (it is already in place).

If he cuts it, the sausage machine will process the work in the pipeline and then look at the stack of applications afterwards.

What could happen is less "border crossing" asylum or citizen requests will fall and so peripheral work, applications and rejections will reduce as work will be transferred to ICE etc.

[Adam&Allison 128]

All here are nervous, BUT think about it:

HOW LONG HAVE WE ALL BEEN IN AN ADMINISTRATION BLACK HOLE?

If there is a change in January it will not be back-dated, they already react so slowly it will take months to implement - as long as he does something in 4 years he will fulfil his campaign promise.

Expect in 2017 - Focus on:

How big is the problem

Plan to increase screening and amend process

Monitor current applications, work at same level - slow and spend current budget (it is already in place).

If he cuts it, the sausage machine will process the work in the pipeline and then look at the stack of applications afterwards.

What could happen is less "border crossing" asylum or citizen requests will fall and so peripheral work, applications and rejections will reduce as work will be transferred to ICE etc.

I think this is the most likely action also. I don't think it'll be a case of 'Oh Trump's cut off legal immigration' at all. I think it'll be a gradual thing in which they'll look at the situation, assess it, and maybe down the road make some (in my opinion minor) altercations to it

[SunflowerSweet 1,321]

Trumpt never had a problem with gay marriage, he never said he will fight ,

Yes, he did.

http://www.politifact.com/truth-o-meter/statements/2016/nov/03/hillary-clinton/hillary-clinton-says-donald-trump-wants-undo-marri/

[jess100 53]

I don't think any of us can know what Trump plans to do or what he will do, or what he has the power to do. I am more afraid of the political climate than the law. I'm afraid of being jacked up by the police or ICE, and then who or what would prevent my husband being thrown out, or into immigration prison? Who would uphold the laws? Discretion is a big part of the implementation of the law.

Before anyone says, "if he is legal nothing will happen", I'm going to disagree. ICE already has said they don't accept the legal status he is now under that is part of the K-1 process (authorized stay per the attorney general) . Meaning they have already deported people in this status.

I'm trying not to panic but it's not easy. We will probably consult our attorney again and get specific details on our case.

[Kat&Jon 85]

his wife did work as a model in the US without the proper visa for it .

Thank you! Clearly I did not remember that correctly. I was pulling from memory for that!

If that is the case I would imagine he would have a ridiculous amount of backfire from taking any action against legal immigration considering his wife's history. It is all just speculation at this point!

Thanks again though!! I appreciate it!

[Derwood 203]

I came in through same-sex marriage with K1 visa. He may place a supreme court judge who could overturn that. I'm still on AOS. I hope his win doesn't affect us negatively. ?

Hi everyone.

I came here as a K-1 visa (same-sex marriage), I already got a 2 year green card last July, and kept hoping that Trump would not win. Well, now we have this forum and I'm kinda worried if my 10 year green card will be effected or even if I would be deported to my country when my 2 year GC expires since Trump does not seems like LGBT community.

.

Any smart idea if it would happen?

I think you'll be fine - I would imagine renewing Green Cards won't be an issue

I'm in a similar position. I came here on a K1 visa (same-sex marriage) and I'm due to start ROC in February 2017, filing at California. Even if USCIS were super quick (joke) my I-751 is unlikely to be adjudicated before August 2017. If the Defense of Marriage Act were to be brought back into force before then, or a similar law passed, my same-sex marriage would no longer be a 'qualifying marriage' as required by Section 216 of the INA. The basis for ROC would therefore, probably, be lost.

My only comforts in this matter are that it's unlikely that Republicans will be able to pass such a law fast enough for it to affect me. I also don't think that there's time to get a court case all the way to the supreme court before then. This stuff takes years.

Hopefully Trump will busy himself dealing with other matters before looking at any such curbs on legal immigration.

It's a worry though!

[jericho29 2]

I am concerned for my fiance. She in in Pakistan and we just got our NOA2 in the mail.

Here is what Trump wants to do in the first 100 days:

http://www.npr.org/2016/10/27/499489585/the-first-100-days-what-clinton-and-trump-want-to-get-done

Trump would also have the power to deport more than 2 million criminals in the country illegally, halt immigration from parts of the world he calls "terror prone," and quickly reverse many of the initiatives undertaken by President Obama.

^ This would basically include a bunch of Muslim countries including Pakistan

Anyone have any idea how long it takes an executive order to take effect?

[IcezMan_IcezLady 582]

When did he say he was going to stop green cards for one or two years? In March, he said he would like to see H1B paused for a year or two because there are Americans looking for work who could do the jobs the people on H1B are doing. These people don't have green cards. They are temporary workers.

Remrmber he was just saying what his supporters wanted to hear. Many of them don't actually realise that he alone does not have the power to do any of this. He won't even be in office until January and even if he decides to change immigration policies it will take years. Nothing will change overnight.

*~*~*moved from "CR-1 spouse visa process and procedures" to general immigration news and discussion*~*~*

Well, with Congress under republican control. He does have a lot of power since most of these congressmen and women vote along party lines.

Nothing will change overnight but guess what, things can "slow down" and pushed off into next year.

When bills are proposed, not all of them make it to the house. Some get "killed" before they ever get a chance to get to the floor of the house. Just like Republicans have been doing for a while. So nothing is impossible.