Jump to content
pm5k

US Immigration Act of 2021 (proposed)

 Share

76 posts in this topic

Recommended Posts

10 hours ago, HRQX said:

If they enter in the first half of the calendar year, then they'll be resident aliens for tax purposes because of the Substantial Presence test: https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

J1 visa holders, even if they are present in the US for the entire year, generally cannot claim the standard deduction.  I suspect this would be somewhat similar. 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

Link to comment
Share on other sites

3 minutes ago, pm5k said:

J1 visa holders, even if they are present in the US for the entire year, generally cannot claim the standard deduction.

For V visa holders it'll be like K visa or B visa holders, meaning the Substantial Presence test may apply.

 

The proposed law makes no significant changes to tax lawhttps://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:

  • An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
  • A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
  • A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
  • A professional athlete temporarily in the U.S. to compete in a charitable sports event.
Edited by HRQX
Link to comment
Share on other sites

2 minutes ago, HRQX said:

For V visa holders it'll be like K visa or B visa holders, meaning the Substantial Presence test may apply.

 

The proposed law makes no significant changes to tax lawhttps://www.irs.gov/individuals/international-taxpayers/substantial-presence-test

Do not count days for which you are an exempt individual. The term "exempt individual" does not refer to someone exempt from U.S. tax, but to anyone in the following categories:

  • An individual temporarily present in the U.S. as a foreign government-related individual under an “A” or “G” visa, other than individuals holding “A-3” or “G-5” class visas.
  • A teacher or trainee temporarily present in the U.S. under a "J" or "Q" visa, who substantially complies with the requirements of the visa.
  • A student temporarily present in the U.S. under an "F," "J," "M," or "Q" visa, who substantially complies with the requirements of the visa.
  • A professional athlete temporarily in the U.S. to compete in a charitable sports event.

I guess this is what they would negotiate. 

Either way, there would still be tax revenue, but it would be less if deductions applied. 

Obligatory disclaimer:  Not a lawyer.  Posts are written based on my own research and based on whatever information is provided.  Consult an immigration attorney regarding your specific case.

Link to comment
Share on other sites

Should’ve had my husband come over illegally before Jan 1..would’ve been easier. Jk..sort of :) 

That’s the bad thing about some parts of this..it promotes this type of thinking. 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Well assuming all the proposals are enacted most people would have several options to consider, will go well beyond fiancé or spouse.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ghana
Timeline
On 2/21/2021 at 7:18 PM, D&J S said:

Folks that have lived in "socialist" nations such as Venezuela, Bolivia and many others would vehemently oppose anything even appearing to "lean heavily left".  Don't believe me?  Go ask them.  Because unless one is hooked into the ruling party, they all know that the rest of society loses, and loses big.  It's exactly what Central Americans are leaving behind as they head north in caravans of thousands.  It's why Cubans will risk the ocean on a raft.  Pretty picture in the short run, disastrous future.  Always play the long game and strive for the common good.

Why does the world insist on repeating the failed systems of others in their own context? 

If something sounds too good to be true, it usually is; especially when it comes from a political party.

 

Smart, controlled immigration has always been and will always be necessary in a healthy society that wants to have an identity.

 

You said a whole lot of nothing. Leaning left doesn't mean socialism. It means doing the things for which Biden was voted. If the US liked Republican ideals, Trump would still be president. ..obviously not. Left policies include immigration reform such as fixing the DACA issue - I'm yet to find a single justification for why someone who was brought here illegally as a 3 month old should be penalized for the wrongdoings of their parent. Only justification is sheer wickedness. Other things that are left leaning is climate change policies etc. I don't see socialism in any of this.

 

..And by the way, there are several socialist elements such as medicaid, medicare, free public education, SNAP etc. that no one seems to have issues about. 

Edited by MaleAlpha

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline
1 minute ago, MaleAlpha said:

You said a whole lot of nothing. Leaning left doesn't mean socialism. It means doing the things for which Biden was voted. If the US liked Republican ideals, Trump would still be president. ..obviously not. Left policies include immigration reform such as fixing the DACA issue - I'm yet to find a single justification for why someone who was brought here illegally as a 3 month old should be penalized for the wrongdoings of their parent. Only justification is sheer wickedness. Other things that are left leaning is climate change policies etc. I don't see socialism in any of this.

 

..And by the way, there are several socialist elements such as medicaid, medicare, free public education, SNAP etc. that no one seems to have issues about. 

 

Individuals must meet following criteria to apply for DACA: Are under 31 years of age as of June 15, 2012; Came to the U.S. while under the age of 16; Have continuously resided in the U.S. from June 15, 2007 to the present.

 

I like free stuff.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: K-1 Visa Country: Wales
Timeline

Alexandria Ocasio-Cortez called Tuesday night for the abolishment of the Department of Homeland Security and Immigration and Customs Enforcement

 

Just the start

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Brazil
Timeline

2 posts removed for discussing politics.

stick to the topic and avoid the holier than thou political discussions.

 

charles

vj moderation

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ecuador
Timeline

Another off-topic political-oriented post has been removed.

The thread will either be closed or moved to Current Events if this continues.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Link to comment
Share on other sites

Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

I'm still glad I got my wife's GC a few years back, no regrets.  I'd like to see the applicant return to their home country to consular process just like I did with my spouse.  But that was then, this is now.

 

LOL, I can only imagine the backlog of these cases to be processed by the USCIS if this immigration policy does pass.

 

Turno Beetlejuice Blank Template - Imgflip

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Ghana
Timeline
On 2/26/2021 at 8:08 PM, TBoneTX said:

Another off-topic political-oriented post has been removed.

The thread will either be closed or moved to Current Events if this continues.

I think you should move it to current events. 

In my opinion, it fits in there better.

~AOS : 09/11/2014 - 2 YR Green card received!.

~ROC 07/13/2017 - 10 YR Green card received!.

~N-400 : 10/28/2020 - N400 Interview & Approval/Oath Ceremony/US Citizen!

 

More Importantly, I am a proud Anti-Fascist!

 

 

Link to comment
Share on other sites

  • 3 weeks later...
On 3/2/2021 at 8:15 PM, Mansini77 said:

I'm still glad I got my wife's GC a few years back, no regrets.  I'd like to see the applicant return to their home country to consular process just like I did with my spouse.  But that was then, this is now.

 

LOL, I can only imagine the backlog of these cases to be processed by the USCIS if this immigration policy does pass.

 

Turno Beetlejuice Blank Template - Imgflip

USCIS processing time will change from months to decades. Your estimate processing time will be 

 

1) 1 decade

2) 2 decades

3) 3 decades

4) 5 decades

5) 6 decades

6) 7 decades

7) 100 years 

duh

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.
Guest
This topic is now closed to further replies.
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...