New Immigration Policy

[Sarah&Facundo 587]

First off, please note I do NOT want this to get political. I am genuinely curious about this topic and it does not affect me at all. 

 

With the new announcement of the new policy to shield undocumented immigrants who are married to US citizens, I am not understanding how this changes things. If someone is married to a US citizen, aren't they already able to file a I-130 and I-485 to adjust status as long as they are in the US? I even knew people in college who were undocumented and were marrying their friends before graduating so they could get a job (not saying this is right--that's another conversation). So what am I missing?

[powerpuff 6,438]

8 minutes ago, Sarah&Facundo said:

f someone is married to a US citizen, aren't they already able to file a I-130 and I-485 to adjust status as long as they are in the US?

No, they could not adjust status in the US. They would have to leave the US to interview abroad at a consulate. Since they also accrued unlawful presence, they also required a waiver. From my understanding, this new policy would allow the spouses to stay and adjust within the US.

[Boiler 44,700]

It is for illegals so they do not have to go through the I 601a process, but really an election ploy.

[Sarah&Facundo 587]

14 minutes ago, Boiler said:

It is for illegals so they do not have to go through the I 601a process, but really an election ploy.

Oh yes, I totally realize it is an election ploy. I just was under the impression they could already adjust. So is it only those who entered legally who overstay who can adjust?

[Boiler 44,700]

Or PiP.

[Dashinka 24,018]

7 hours ago, Sarah&Facundo said:

Oh yes, I totally realize it is an election ploy. I just was under the impression they could already adjust. So is it only those who entered legally who overstay who can adjust?

Yes.  Those that entered without inspection (EWI) do not have the option to adjust.  This just bypasses the entire visa process.

[discoverusa 253]

Those who entered with inspection (student, tourist, ECT.) can usually adjust status without leaving US even if they overstayed. Those who entered without inspection wouldn't be able to adjust based on current laws. New rule would allow whose who entered without inspection to adjust status without leaving.

[jackiegringa 419]

11 hours ago, powerpuff said:

No, they could not adjust status in the US. They would have to leave the US to interview abroad at a consulate. Since they also accrued unlawful presence, they also required a waiver. From my understanding, this new policy would allow the spouses to stay and adjust within the US.

And I take that it is very unlikely they would get a waiver, which would mean 10 year ban outside of the US. This is for people that have been here a while so it is a big deal to be able to parole in place.

[Boiler 44,700]

Most properly put together Waivers are approved, PiP is discretionary, well it is currently.

[Scandi 4,101]

It's for people who "snuck across the border" without inspection at a POE and who have lived here for like 10 years or more. For people who were inspected on their way in, they can marry and adjust status.