Biden's Plans for US Immigration (Big Changes)

[Aimeehtx 8]

I’m just hoping that the proclamation including the visa ban will be overturned. 

[stringpuller 74]

On 11/8/2020 at 1:35 PM, 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 doubt all this happens. Hes been in office 47 years. 

[Tofu 343]

On 11/30/2020 at 10:28 PM, Boiler said:

https://joebiden.com/immigration/

 

• Rejects the false choice between employment-based and family-based immigration. Each day, in every state in the country, millions of immigrants granted a visa based on family ties make valuable contributions to our country and economy. Keeping families together and allowing eligible immigrants to join their American relatives on U.S. soil is critically important, but the current system is poorly designed with per-country caps that prevent applications from being approved in a timely fashion. That means approved applicants may wait decades to be reunited with their families. As president, Biden will support family-based immigration by preserving family unification as a foundation of our immigration system; by allowing any approved applicant to receive a temporary non-immigrant visa until the permanent visa is processed; and by supporting legislation that treats the spouse and children of green card holders as the immediate relatives they are, exempting them from caps, and allowing parents to bring their minor children with them at the time they immigrate. 

Hi! Hoping someone can clarify something for me. 

 

My understanding was that a K3 Visa was filed after the CR1/IR1 application, and its purpose was to allow you to live (temporarily) in the US while you wait out the remainder of the process.  At some point over the past few years; its kind of been phased out, and very few were approved.  I am wondering if re-introducing / approving more of this type of visa is what the above is referring to?   I'm way too deep in the process now, but asking out of curiosity sake.

[HRQX 4,145]

22 minutes ago, Tofu said:

I am wondering if re-introducing / approving more of this type of visa is what the above is referring to?

Yes because it uses phrases like "the spouse and children of green card holders" and "support family-based immigration." But only Congress can introduce bills that propose the creation of new Nonimmigrant Visa categories OR flat-out change the relevant dates of existing categories like the V visa: https://www.uscis.gov/family/family-of-green-card-holders-permanent-residents/v-nonimmigrant-visas

22 minutes ago, Tofu said:

that a K3 Visa

Note that it's still part of current immigration law, so the executive branch could easily change some internal policies to make K-3 more viable. But the K-3 visa has certain drawbacks like not able to legally work before receiving either EAD or GC and K-3 path being more expensive than IR-1/CR-1 path: https://www.visajourney.com/guides/marriage-visa-comparison/

A K-3 Visa allows a Non-US Citizen (spouse) married to a US Citizen to legally enter the US and adjust status to become a Legal Permanent Resident. If a couple wishes to pursue this visa they must be legally married (or get married before starting the process). The couple may have previously been married either outside or within the US (the location does not matter as long as the marriage was officially recognized in the location in which it occurred).

The process of obtaining a K-3 Visa starts by the U.S. citizen filing a form "I-130: Petition for Alien Relative" with the USCIS (United States Citizenship and Immigration Services). This form is also filed to petition for an IR1 / CR1 Visa (see next section). What makes the K-3 Visa special is that instead of waiting for the I-130 to be approved, the US Citizen may, upon receipt of the I-130 being accepted by the USCIS, file an I-129F petition with the USCIS indicating the desire to obtain a K-3 Visa. This option has the benefit that the I-129F for a K-3 Visa will often be processed faster than the "underlying" I-130. This means that the time waiting for the Non-US Citizen Spouse to enter the US may be less. The USCIS is responsible for processing the I-129F and if approved will forward (via the National Visa Center) the petition to the consulate serving the location of the Non-US Citizen Spouse.

The remainder of the process at the embassy is similar to the K-1 Fiancé(e) Visa process. After the K-3 Visa is approved byt he US Consulate, the Non-US Citizen Spouse can enter the US with their status as a "K-3 Visa Holder" valid for two years. They may freely travel in and out of the US as the K-3 Visa is a multiple entry visa. At any time within these two years they may file for and initiate an Adjustment of Status (AOS) process with the USCIS (to become a Legal Permanent Resident). If so they will be deciding to Adjust Status within the US (just like a K-1 Visa Holder would) and will follow the normal AOS process which may take six months or even longer in some regions of the US. Alternately, if prior to filing for AOS the K-3 Visa Holder has their underlying I-130 petition approved by the USCIS they may instead (of filing for AOS) choose to return to their consulate abroad to interview and obtain an IR-1 / CR-1 Visa. In this case they would abandon their status as a K-3 Visa Holder and re-enter the US as a IR-1 / CR-1 Visa Holder. Entry into the US as a IR-1 / CR-1 Visa Holder results in the immediate conversion to becoming a Legal Permanent Resident (your green card is mailed out shortly after arrival in the US).

You may view the K-3 current and historical processing time trends to get a better idea of the time the process may take at various stages. A married couple may also file solely for a IR-1 / CR-1 Visa instead of a K-3 Visa. See the next section for details.
 

Pluses
 

 Once in the US, may apply for a social security card and an Employment Authorization Document (EAD). Employment may be freely obatined while the K-3 Visa and EAD are valid.

 NO Advance Parole (AP) (unlike a K-1 Visa Holder needs) is required for travel to and from the US while the K-3 Visa is Valid. K3 and K4 visa recipients are in valid status for 2 years and the visa is a multiple re-entry visa.

 K-3/K-4 visa holders may extend status by showing strong intent to eventually adjust status.

 The K-3 Visa Holder may apply for Adjustment of Status within the US BEFORE the underlying I-130 petition is approved.

 Generally allows applicant to enter the US faster then waiting for the I-130 to be approved and the IR-1 / CR-1 visa to be issued.

 

Minuses
 

 will have to file Adjustment of Status after entry to the US or once their I-130 petition is approved (while their K-3 Visa is valid) return to their home country to be interviewed for an IR-1 / CR-1 Visa.

 May only adjust status based on marriage to original US Citizen petitioner.

 If the marriage fails before Adjustment of Status is complete, the K-3 Visa Holder will have to leave the US. K-3 and K-4 visa holders cannot change to another visa status and stay in the US if the marriage fails.

 An Employment Authorization Document (EAD) must be obtained and there will be some waiting time before the K-3 Visa Holder can work.

Edited December 3, 2020 by HRQX

[Ikhan 49]

On 12/3/2020 at 12:33 PM, HRQX said:

 

Note that it's still part of current immigration law, so the executive branch could easily change some internal policies to make K-3 more viable. But the K-3 visa has certain drawbacks like not able to legally work before receiving either EAD or GC and K-3 path being more expensive than IR-1/CR-1 path: https://www.visajourney.com/guides/marriage-visa-comparison/

 

Just curious how easy would it be. Would a presidential executive order change some aspects of K-3 to make it more viable? Hoping that he does this quickly to alleviate stress off of people who have applications in place but have to wait a long time because of backlogs. 

[HRQX 4,145]

7 hours ago, Ikhan said:

Just curious how easy would it be. Would a presidential executive order change some aspects of K-3 to make it more viable?

Even easier, since EO not even required. https://citizenpath.com/k3-visa-process/ "Speculation exists that the NVC and USCIS conspire to limit K-3 visas by delaying K-3 processing until the I-130 petition can catch up. If the I-130 is approved, there’s no reason to issue a K-3 visa, and the application can be administratively closed."

 

The K-3 numbers were steady between 2003-2007:

https://travel.state.gov/content/dam/visas/Statistics/FY04tableXVIb.pdf

https://travel.state.gov/content/dam/visas/Statistics/FY09AnnualReport_TableXVI_B.pdf

 

Then slightly declined between 2008-2010:

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2014AnnualReport/FY14AnnualReport-TableXVIB.pdf

 

Then declined rapidly after 2010:

https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2019AnnualReport/FY19AnnualReport-TableXVI-B.pdf

[stech786 236]

Will the ban automatically expire on 12/31/20? and when is the last day for Trump to take action, if he decides to renew it or let it expire? 

[MovingToFlorida 71]

6 minutes ago, stech786 said:

Will the ban automatically expire on 12/31/20? and when is the last day for Trump to take action, if he decides to renew it or let it expire? 

I think he can expand it any time and I'm sure if he let it expire he could just reinstate it any time before Jan 20th. I think Biden could undo it omce in office like he plans on doing to a lot of Trumps immigration bans/rules. I am anxiously waiting too since we are a F3 visa and had our interview canceled back in March 5 days before our scheduled interview because of the pandemic and ban. I just want them to be able to process us again soon. Lets hope he's doesn't extend it. 🤞

[LindaStewart 5]

Sorry if I missed it, but what will his plans do for K-1 Visas and when will the travel ban be lifted? I feel like K-1 is the forgotten visa.

[Boiler 45,753]

44 minutes ago, LindaStewart said:

Sorry if I missed it, but what will his plans do for K-1 Visas and when will the travel ban be lifted? I feel like K-1 is the forgotten visa.

Well not just for K1 but there will be some other type of visa that allows you to come and stay whilst you are working, presumably also work but that was not specifically mentioned.

[HRQX 4,145]

7 hours ago, LindaStewart said:

Sorry if I missed it, but what will his plans do for K-1 Visas and when will the travel ban be lifted? I feel like K-1 is the forgotten visa.

There is no proclamation that explicitly bans K-1. Since your profile says UK, I assume your case is being affected by the UK and Ireland proclamation.

[Ed&Midori1031 330]

On 11/8/2020 at 10:35 AM, 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

 

Whatever the plan is from Biden, I just hope he keeps his word on a lot of this, and of course have a positive outcome for all! 

[MovingToFlorida 71]

Just wondering if anyone has heard if Trump has or will be extending that temporary immigration ban he put in place back in april (then in June extended it till Dec 31 2020). We are a family F3 visa and had our interview scheduled in march of this year and it was canceled 5 days before it cause of the pandemic and we've been waiting for the ban to be lifted to get another interview date. I haven't seen anything yet that he's extended it again so I'm cautiously hoping! Just wondering if anyone has heard anything either way. 

[HRQX 4,145]

46 minutes ago, MovingToFlorida said:

Just wondering if anyone has heard if Trump has or will be extending that temporary immigration ban he put in place back in april (then in June extended it till Dec 31 2020).

At the moment there has been no new extension on April 22 proclamation. There is an ongoing thread where that topic is being discussed:

 

[MovingToFlorida 71]

25 minutes ago, HRQX said:

At the moment there has been no new extension on April 22 proclamation. There is an ongoing thread where that topic is being discussed:

 

That's great news! Hopefully it stays that way an there is no new extension! I know technically he can do anything between now and Jan 20th so even if it expires today he could do it again before then.