Trump's published Immigration policies MEGATHREAD

[Suss&Camm 2,213]

37 minutes ago, JayJayH said:

"I hereby proclaim that the immigrant and nonimmigrant entry into the United States of aliens from countries referred to in section 217(a)(12) of the INA, 8 U.S.C. 1187(a)(12), would be detrimental... "

 

http://www.cnn.com/2017/01/28/politics/text-of-trump-executive-order-nation-ban-refugees/

 

An LPR returning to the United States is a returning resident, it is not considered "immigrant entry" nor is it considered "nonimmigrant entry."

"Immigrant entry" of such an alien would already have occurred at the time they entered the U.S. on an immigrant visa. Specifically included in this EO are those traveling to the U.S. on immigrant visas - "immigrant entry" - But again, they would not be LPRs yet, as LPR status is given upon admission on an immigrant visa.

 

The wording is ambiguous. But it does not include LPRs.

 

DHS initially interpreted the wording to include LPRs and dual citizens. This was later retracted.

Okay... so if I put it this way..  What other type of entry is there other than non-immigrant and immigrant.... since anything that is not immigrant falls under non-immigrant...?

It says "entry" which is any time you enter.... and talks about entry for aliens (definition above)..

 

but I'm not gonna discuss it any further either... there's no point

[Ash.1101 1,756]

1 hour ago, verneforchat said:

I heard the opposite that some Imam said his mother died weeks ago.

 

What in the world?

Yep you're right!! Once again proving not to trust media within 48 hours of the article. The news station I have did an update saying his mother died 2 weeks before the ban!

[verneforchat 139]

8 minutes ago, Ash.1101 said:

Yep you're right!! Once again proving not to trust media within 48 hours of the article. The news station I have did an update saying his mother died 2 weeks before the ban!

I dont care about the 48 hour rule. But i do read from different media outlets, left right, center, cheeto, whatever. Except brietbart. That is pure BS.

 

However, the Imam could be lying for all we know. or he could. 

Edited February 2, 2017 by verneforchat

[JayJayH 546]

29 minutes ago, verneforchat said:

AFAIK the original intent and legal language did include EO as per many news articles. It was a later clarification that mention LPR's are not included, blah blah.

 

Regardless of what the original intention was, it wasn't benign for sure.

 

But this is something to chew on: If it was not specifically clear if the order did include LPRs, why did it need two Judges to issue orders to block deportation?

If it was indeed that ambiguous, would that have needed to issue those orders?

I'd agree that no judge's order would have been needed if the EO was less ambiguous, or if it was unambiguous, it could have needed a judge's order.

I disagree with the EO overall, but I think it made it worse that it was written in such a way that no one had any clue as to how it should be implemented - including the Dept. of Homeland Security whose task it is to implement it.

 

26 minutes ago, Suss&Camm said:

Okay... so if I put it this way..  What other type of entry is there other than non-immigrant and immigrant.... since anything that is not immigrant falls under non-immigrant...?

It says "entry" which is any time you enter.... and talks about entry for aliens (definition above)..

 

but I'm not gonna discuss it any further either... there's no point

We can argue semantics back and forth.

 

For purposes of visas, there are two types: "immigrant" and "nonimmigrant."

 

I'd argue that "immigrant entry" is a person arriving in the United States as an intending immigrant - i.e. arriving on an immigrant visa.

I'd argue that "nonimmigrant entry" is a person arriving in the United States as an intenting nonimmigrant - i.e. arriving on a tourist or student visa.

 

For purposes of non-visa entries, there are two types: resident or citizen.

 

Whenever you return to the U.S. with a green card, you passport is stamped "ARC" - Alien Registration Card. You're not admitted as an immigrant or nonimmigrant. You're admitted as a resident, someone who has previously arrived as an intending immigrant.

 

Again, we can go back and forth debating semantics on this, because there is no clear definition of what "immigrant entry" means, neither in the EO, nor in the Immigration and Nationality Act. It's a little like arguing what "natural born citizen" means in the context of whether Ted Cruz can be president or not.

 

Whether we agree or disagree, fun discussing with you both

Edited February 2, 2017 by JayJayH

[tripsul 2]

https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-states

 

Not sure if this link has been here posted here before.

 

2 things I would like to pont out, is yes according to CBP LPR are affected however  as of Feb 1st, since EO is signed only 2 LPRs were denied entry. One with criminal record, the other one requested to return to Canada.

 

And EO does not affect the processing of N-400 naturalization applications as it was mentioned here earlier.

 

[TBoneTX 45,287]

The link seems to have been posted more than once already, and the point about the denied LPRs has been brought up.

[tripsul 2]

According to CNN: US legal permanent residents who are from the seven countries will again be allowed to participate in the Global Entry program

[Medz70084 8]

Hi fellow VJ members

I am British  but I was born in Iran (not that it makes a slight bit of difference but we actually fled from Iran for the fear of prosecution from the Iranian government many years  ago. I have applied for a CR1 as my hubby is a US citizen. Our case was completed at NVC on the 24th of Jan. We are so upset by this situation. Does anyone know where I can get any info?  I just want to know if our application is still being processed ?

I have emailed politicians here in the UK, the foreign office, the us embassy in London, ACLU in the US. I called the NVC and they have no clue. 

[AH&ZK 4]

Does anyone know how the EO impacts those applications underway (i.e. those not yet issued a visa). We have applied for my fiance's K-1 (he is Syrian living in Turkey) and were told to schedule an interview, but of course, everything is on hold now. I saw (admittedly on Twitter) that someone had posted, "Most visa categories require US petitioners. Those petitioners HAVE STANDING TO SUE IN US COURTS when their beneficiaries are blocked." Anyone have any experience or knowledge of this and how it might apply to existing applications?

 

Best wishes to all.

[Marco&Bettina 502]

5 hours ago, Medz70084 said:

Hi fellow VJ members

I am British  but I was born in Iran (not that it makes a slight bit of difference but we actually fled from Iran for the fear of prosecution from the Iranian government many years  ago. I have applied for a CR1 as my hubby is a US citizen. Our case was completed at NVC on the 24th of Jan. We are so upset by this situation. Does anyone know where I can get any info?  I just want to know if our application is still being processed ?

I have emailed politicians here in the UK, the foreign office, the us embassy in London, ACLU in the US. I called the NVC and they have no clue. 

If you're a UK citizen, you should be fine.

[verneforchat 139]

1 minute ago, Marco&Bettina said:

If you're a UK citizen, you should be fine.

There was somewhere in this thread or the speculation thread that had a post about Iranian born people have Iranian citizenship?

Is that true? And that they get to hold both Iranian Citizenship and dual citizenship of another country?

 

[Marco&Bettina 502]

5 minutes ago, verneforchat said:

There was somewhere in this thread or the speculation thread that had a post about Iranian born people have Iranian citizenship?

Is that true? And that they get to hold both Iranian Citizenship and dual citizenship of another country?

 

I can't confirm but I recall reading that somewhere too. I believe they were Iranian/Canadian Citizenship and allowed entry.

[Transborderwife 4,666]

1 minute ago, Marco&Bettina said:

I can't confirm but I recall reading that somewhere too. I believe they were Iranian/Canadian Citizenship and allowed entry.

Reportedly yes: http://www.theglobeandmail.com/news/world/us-politics/trump-immigration-ban-canada/article33822491/

[Medz70084 8]

1 hour ago, Marco&Bettina said:

If you're a UK citizen, you should be fine.

I hope so. I think though it's still not clear what will happen. 

[Medz70084 8]

After searching the news and departments (DHS,USCIS,BORDER CONTROL, NVC) every hour for the last 3 days this is the first piece of evidence I have found. Hoping others like me can breath a little.