Biden's Plans for US Immigration (Big Changes)

[LibbyG99 65]

12 hours ago, Captain Ewok said:

When Joe Biden takes office in January, he has pledged to reverse many of Trump's  controversial immigration policies from the last 4 years.  Here are a few key items that Joe Biden plans to change:

 

Merit-based/Family-based Immigration and Diversity Visa

 

Biden disagrees with Trump's position of creating a merit-based family immigration system.  Biden would instead "expand" family based immigration to the US.  He would allow any approved family visa beneficiary, whose green card is not yet available due to the annual country cap, to receive a temporary visa and enter the U.S. until a permanent visa (“green card”) becomes available.

 

In addition, Biden would support legislation that: 

 

1. Expands the definition of “immediate relative” beyond spouses; minor, unmarried children; and parents of U.S. citizens to add spouses and children of green card holders, exempting them from caps; and 
2. Allows parents to bring their minor children with them at the time they immigrate into the U.S.

 

Biden would also continue the Diversity Visa program, stating it brings needed diversity.

 

"Dreamers" and Pathways to Citizenship

 

Biden believes that Dreamers and their parents should have a roadmap to citizenship through legislative immigration reform. When he enters office he  will remove the uncertainty for Dreamers by reinstating the DACA program, and he will explore all legal options to protect their families from inhumane separation.

 

Public Charge

 

Biden would reverse Trump’s public charge rule. He believes the rule runs counter to American values and the history of the nation.

 

Reversing Travel Bans

 

On Day One of his presidency, Biden intends to rescind Trump’s travel bans on travelers from 13 countries, most of them either majority-Muslim or African nations.

 

Skilled Workers

 

Biden supports reform of the H1-B system including increased alignment to the current workforce.  Once reform is complete, he plans to expands the number of high-skilled visas.

 

Refugees

 

Biden supports raising the annual allotment of refugee admissions to 125 thousand from around 15 thousand under President Trump.

 

Mexico Border Wall

 

Biden plans to immediately stop diversion of US Defense funds for the border wall, effectively stopping its expansion.  Trump will immediately prioritize reunification of "lost" children from asylum camps with their parents.

 

 

sources: 
https://joebiden.com/immigration/
https://www.heritage.org/immigration/report/president-trump-and-joe-biden-comparing-immigration-policies
https://www.reuters.com/article/us-usa-immigration-biden-factbox/factbox-here-are-six-things-joe-biden-will-likely-do-on-immigration-idUSKBN27O00R

 

I feel so relieved! Things are going to be easier for a lot of us. I wish they'd expand the meaning of "immediate relative" to include fiances as well.

[NCW2020 0]

my case falls under IR 5 category, completed documentation by way of paying and filing DS 260,but did find ACCEPTENCE  OF documents from NVC.

 

[MovingToFlorida 71]

4 hours ago, HRQX said:

Reminder that inauguration day is on January 20. Trump may or may not extend that proclamation before 2020 ends.

Yes

Per the timeline, I-130 petition was approved in July 2019: https://www.visajourney.com/timeline/profile.php?id=338535 The case is probably stuck in NVC per Ciudad Juarez backlog.

I am not sure what things Trump is allowed to do at this point. My understanding is ge is limited now on changes he can make but I could be wrong. 

 

If Trump extended the ban I assume Biden could reverse that too if he can reverse other things Trump put into place. 

[Mojito 17]

I didnt see anything mentioned about intent to improve K1 visa timelines (as only expedites are happening now) or remedy all the ridiculous waiting for already approved K1 visas. Or about opening up the embassies to full processing staff. Those are the things that are the main problems. Help people who legally did all they can. Not putting any of the limited staff working on doing anything to take away from the legal applying immigrants to "fast track" illegal immigrants ahead of legal applicants. 

[hopelifebetter201 72]

"Merit-based/Family-based Immigration and Diversity Visa

 

Biden disagrees with Trump's position of creating a merit-based family immigration system.  Biden would instead "expand" family based immigration to the US.  He would allow any approved family visa beneficiary, whose green card is not yet available due to the annual country cap, to receive a temporary visa and enter the U.S. until a permanent visa (“green card”) becomes available.

 

In addition, Biden would support legislation that: 

 

1. Expands the definition of “immediate relative” beyond spouses; minor, unmarried children; and parents of U.S. citizens to add spouses and children of green card holders, exempting them from caps; and 
2. Allows parents to bring their minor children with them at the time they immigrate into the U.S."

 

Can someone explain more details on this? How is this different from current policy? This means family-based visa process will come faster right? Thank you.

[Boiler 45,739]

27 minutes ago, hopelifebetter201 said:

"Merit-based/Family-based Immigration and Diversity Visa

 

Biden disagrees with Trump's position of creating a merit-based family immigration system.  Biden would instead "expand" family based immigration to the US.  He would allow any approved family visa beneficiary, whose green card is not yet available due to the annual country cap, to receive a temporary visa and enter the U.S. until a permanent visa (“green card”) becomes available.

 

In addition, Biden would support legislation that: 

 

1. Expands the definition of “immediate relative” beyond spouses; minor, unmarried children; and parents of U.S. citizens to add spouses and children of green card holders, exempting them from caps; and 
2. Allows parents to bring their minor children with them at the time they immigrate into the U.S."

 

Can someone explain more details on this? How is this different from current policy? This means family-based visa process will come faster right? Thank you.

Everybody gets a visa, short version. What he actually does, who knows.

[Dashinka 24,642]

Everything is complete speculation at this point, as I said earlier, and others have also mentioned, much of this wish list will require help from the Congress which is fairly unlikely since most House members and 1/3 of the Senate are already busy raising money for 2022, and they would rather have this item as an open issue as opposed to something that is fixed.  Joe, assuming he does end up as President, which is likely at this point, may issue some EOs, but much like the last 4 years, these will be challenged in a legal setting so who knows what will happen.

[MOHAMEDJAMA327 0]

What about people who have deportation orders against them ??  But are married to us citizen and have been since 2018, knowing that the deportation order came in on 2017 for missing a court date. 

Edited November 9, 2020 by MOHAMEDJAMA327
To elaborate more.

[VisaDonnie 54]

17 minutes ago, MOHAMEDJAMA327 said:

What about people who have deportation orders against them ??  But are married to us citizen and have been since 2018, knowing that the deportation order came in on 2017 for missing a court date. 

Get an attorney there is nobody in this forum who can legally help you. Until the new administration comes in 20 Jan 2020, people can only speculate what would happen. 

[Ohana2020 5]

It creates more questions than answers.

 

1.Will the temporary visas allow those family members to work? 

2.If not, who is going to pay them to rent a house, buy food/clothes?

3. If the sponsoring person is supposed to pay for it all, most likely he/she won't even agree to bring them all over to America, because unless you are a millionaire you can't afford it. Thus, this temporary visa is a useless thing?

4. If the "government" is going to pay them to stay here until the CG is available (which may still take years), then who exactly is paying for all of this, again and can you imagine what your streets will look like in a couple years? Etc. etc...

 

 

 

[John doevtec 1]

What about the high cost of green cards and conditional green cards ... And will neutralization become any easier ? And what about all those americans who were denied a check from the cares act because they are married to immigrants who are here legally

[Boiler 45,739]

2 minutes ago, John doevtec said:

What about the high cost of green cards and conditional green cards ... And will neutralization become any easier ? And what about all those americans who were denied a check from the cares act because they are married to immigrants who are here legally

Neutralisation? Sharp knife?

 

I think it was because their spouses were illegal not legal.

[laylalex 7,293]

4 minutes ago, Boiler said:

Neutralisation? Sharp knife?

Neutralization/naturalization is probably the least painful part of it all.  

[Coco8 1,042]

I think many you of you are getting ahead of yourselves. 

 

First, sure, Biden might reverse some of the executive orders Trump put in place (like the ban on muslim countries) and he said he would push for family reunification (in terms of the kids who are not with their families). Both are low cost policies.

 

That said, he would have a hard time to pass any immigration reform through congress (because they are more likely going to be in the minority) and immigration reform is not a priority right now. It could be a high cost to try to pass something like that when he has to pass stimulus packages and health policy measures, etc. 

 

And USCIS is an independent bureaucracy. I'm not sure the future government would take out a lot of the background checks and interviews that were added (which are making delays). They might, but as I said, they have to fight a lot of different battles to get anything approved and they had slim victories in some states. They might get some backlash for that and they will already be getting backlash for asking people to wear masks.

 

Edited November 9, 2020 by Coco8

[HRQX 4,145]

6 hours ago, MovingToFlorida said:

My understanding is ge is limited now on changes he can make but I could be wrong.

Even as a lame duck, he can exercise the standard powers; such as issuing executive orders, pardons, or other controversial edicts.

50 minutes ago, Boiler said:

I think it was because their spouses were illegal not legal.

It also affected US citizens that had already filed MFJ 2019 taxes with their non-resident spouse (i.e. pending CR-1). But it should be remedied during 2020 tax filing.