[question] immigration policy in USA

[yin825 0]

I understand that there is different immigration policy between state or city in U.S.A, so how would it affect my application for green card? 
if I want more information about the topic, where should I go? coz I don't know how to find out or which step should be started from

[USS_Voyager 1,972]

1 minute ago, yin825 said:

I understand that there is different immigration policy between state or city in U.S.A, so how would it affect my application for green card? 
if I want more information about the topic, where should I go? coz I don't know how to find out or which step should be started from

No there is no different immigration policy between state or city in the USA. Immigration policies and laws in the USA are a federal matter and are applied equally in all the states and cities. States  and cities in the US have absolutely no power to enact immigration laws.

 

You may be confused with Canada, where each province is allowed to make immigration laws and policies on its own, within limits. Not the case in the US.

[Visitor User 253]

There is actually. In-tuition states for undocumented as well as driver licenses for them  and Sanctuary cities. 

Edited March 8, 2019 by Visitor User

[C90 376]

11 minutes ago, Visitor User said:

There is actually. In-tuition states for undocumented as well as driver licenses for them  and Sanctuary cities. 

True, but it doesn't affect the green card process in any way. I-485 gets processed the same way, not matter which state you live in. The only difference is processing times per local office.

 

*Edit: Since OP posts in IR1/CR1 forum I assume that's the visa they're gonna use. In that case I-485 is n/a and there will be no difference in immigration policy since he/she gets the GC right away

Edited March 8, 2019 by C90

[Visitor User 253]

5 minutes ago, C90 said:

True, but it doesn't affect the green card process in any way. I-485 gets processed the same way, not matter which state you live in. The only difference is processing times per local office.

 

*Edit: Since OP posts in IR1/CR1 forum I assume that's the visa they're gonna use. In that case I-485 is n/a and there will be no difference in immigration policy since he/she gets the GC right away

Right. It doesn’t.

[yin825 0]

8 minutes ago, C90 said:

True, but it doesn't affect the green card process in any way. I-485 gets processed the same way, not matter which state you live in. The only difference is processing times per local office.

 

*Edit: Since OP posts in IR1/CR1 forum I assume that's the visa they're gonna use. In that case I-485 is n/a and there will be no difference in immigration policy since he/she gets the GC right away

 

27 minutes ago, USS_Voyager said:

No there is no different immigration policy between state or city in the USA. Immigration policies and laws in the USA are a federal matter and are applied equally in all the states and cities. States  and cities in the US have absolutely no power to enact immigration laws.

 

You may be confused with Canada, where each province is allowed to make immigration laws and policies on its own, within limits. Not the case in the US.

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

[C90 376]

5 minutes ago, yin825 said:

 

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

Just googled 'US visa federal law', check this https://travel.state.gov/content/travel/en/legal/visa-law0.html

I didn't read the links myself. But yeah, it's known that when visas are provided USCIS/embassies work according to federal law.

 

Why is it so important? There's 3 things I can think of: drug use (weed is legal in some states), polygamy and marrying a family member. If one of these 3 is your reason then you can forget your visa, since they're all illegal under federal law

[Ate 180]

4 minutes ago, yin825 said:

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

 

What visa are you applying for?  Just double-checking if you're pursuing a spouse visa since you posted in this forum.

 

Please don't listen to rumors.  We can point you to the official source once we know what specific visa information you're looking for.

 

[geowrian 22,337]

As noted, immigration as a whole is solely a federal matter in the US.

Certain state benefits may have some restrictions (i.e. Medicaid for LPRs, available of IDs and licenses, etc.).

Some areas are considered "sanctuaries" in that they are not actively enforcing certain immigration laws or cooperating with the federal government for their enforcement of the laws. Federal immigration officials can still enforce the laws there - but note that federal officials are few and far between compared to the number of state and local law enforcement officials.

[yin825 0]

2 minutes ago, Ate said:

 

What visa are you applying for?  Just double-checking if you're pursuing a spouse visa since you posted in this forum.

 

Please don't listen to rumors.  We can point you to the official source once we know what specific visa information you're looking for.

 

applying I-130 coz living outside U.S.

[mushroomspore 3,044]

26 minutes ago, yin825 said:

 

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

Immigration is purely federal. States don't adjudicate immigrants' legal statuses, as in they are not the ones who decide if someone gets a green card or not. Certain small details though (for example, driver's licenses, medical treament etc) and overall attitudes towards immigrants do differ from state to state. 

[USS_Voyager 1,972]

42 minutes ago, yin825 said:

 

thank you for helping, but where could I find out these information ? or it is just common sense. why I ask because I heard that some state could unfollow the federal law unless there is conflict between states law and federal law

Firsr of all, under the US Constitution, there are certain matters that are federal matters and there are matters that are State matters. For example: foreign policy is a federal matter, so Texas can’t declare war on Mexico on its own regardless of how much it wants to. Only the US Congress has the power to declare war for the whole United States. Marriage and divorce laws are state laws, and administered by each state: each state has its own requirements for marriages, some allow first cousins marriage (eww), some don’t. Driver license is another example of state law.

 

Second thing is, Federal laws trump state laws, as specified in what’s called the Supremacy Clause under the Constitution, meaning in the event that there is conflict between state and federal law, federal automatically wins. An example of that is gay marriage. As mentioned above, marriage is state law. As a result, each state passed their own laws regarding gay marriages with the more liberal states passes law that specifically allow gay marriages and more conservative states passed laws specifically prohibiting gay marriages. All that came to and end when the Supreme Court decided on the federal level that gay marriages are legal. That decision effectively nulled and voided all the state laws that prohibited gay marriages. They had to accept that gay marriages are legal. Period.

[yin825 0]

9 minutes ago, USS_Voyager said:

Firsr of all, under the US Constitution, there are certain matters that are federal matters and there are matters that are State matters. For example: foreign policy is a federal matter, so Texas can’t declare war on Mexico on its own regardless of how much it wants to. Only the US Congress has the power to declare war for the whole United States. Marriage and divorce laws are state laws, and administered by each state: each state has its own requirements for marriages, some allow first cousins marriage (eww), some don’t. Driver license is another example of state law.

 

Second thing is, Federal laws trump state laws, as specified in what’s called the Supremacy Clause under the Constitution, meaning in the event that there is conflict between state and federal law, federal automatically wins. An example of that is gay marriage. As mentioned above, marriage is state law. As a result, each state passed their own laws regarding gay marriages with the more liberal states passes law that specifically allow gay marriages and more conservative states passed laws specifically prohibiting gay marriages. All that came to and end when the Supreme Court decided on the federal level that gay marriages are legal. That decision effectively nulled and voided all the state laws that prohibited gay marriages. They had to accept that gay marriages are legal. Period.

thank you so much... very detail...

[John & Rose 7,239]

10 hours ago, yin825 said:

applying I-130 coz living outside U.S.

Are you married?

[Roel 7,192]

12 hours ago, yin825 said:

I understand that there is different immigration policy between state or city in U.S.A, so how would it affect my application for green card? 
if I want more information about the topic, where should I go? coz I don't know how to find out or which step should be started from

I wonder what you mean by "step". 

 

The process is the same for everyone. States or cities have nothing to do with it.