slummymummy

Ok, so I'm starting this thread because I'm meant to be working (on a translation job) but it's too boring...

If you were in charge, would you consider changing any of the visa rules and if so why?


Here are mine that I can think of:

E-2:

These people have invested into the US economy, employed US people, worked very hard (often anyway), yet they can't get green cards ever. And their kids age out and have to leave when they're 21. I would let these people apply for GC after say 5 years and I would let the kids stay as long as the parents are there, and they too would be able to apply for GC after 5 years.

Also I think this would be good for the US, because it's possible that quite a few potential investors refrain from doing E-2 because they know what the conditions are, so the US might be missing out on more investment because of this.

VWP - marriage - AOS:

I would not allow someone to enter on VWP, get married and apply for AOS, even if they genuinly had no intent of doing so. (For other visas yes but not for VWP and yes I know VWP isn't a visa!) Reason is, it opens up to too much abuse and in my opinion it doesn't really make sense. It's like if the cop stops you for speeding and you convince him that you didn't mean to, should you still get a ticket? I think yes. And if you happen to push in front of a line without meaning to, should you still be asked to go to the back of the line? Er... yes.

So, if I was in charge the rule would be no marriage and AOS from VWP ever. You go back to your home country and apply for a visa, then come back when you have it.

The only possible exception would be for those who have already seriously overstayed and would risk a big ban, they maybe should be able to apply for AOS (like an amnesty?), not sure about the details of how I would do this.

(I have nothing against those who have done it, if they followed the current rules, good for them.)

Children:

Yes we already had this discussion I know but just adding it to the list. If a USC petitioner and a non-USC spouse or fiance(e) have a biological child together, they should be given priority or maybe a separate category KID-1. And/OR they should employ more people and reduce the waiting times for all marriage based visas!

(This WILL be rare, as in most cases when someone gets pregnant they or their OH could apply for K-1 / CR-1 straight away if they want to be together and they would have it by the time the baby is born...)

Visas for same sex marriages?

Could this ever be allowed? Not sure about this one. Maybe if/when all the states allow it? Will it be abused more than hetero marriages? Ie a girl marries a friend just so she can move to the US?

Try living together visa

This visa is for people who think they want to be together but they would like to try to live together first. It's valid for a 6 months or a year (not sure) and when that time is up you have to either leave or get married and do AOS. Similar to K-1 I guess. Or as an alternative the 90 days to get married on K-1 could be changed to a longer time and with no super strict requirement for the intention to get married, just the intention that "we'd like to get married if we don't find out that we'll kill each other living together!"

This whole Moral Turpitude thing

...just seems a bit "old" but I know it's to do with the constitution so probably can't be changed. Stealing is a no but beating someone up is ok? (Sorry I might be wrong on this but that was my understanding.)

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I know what the rules are NOW but the question is what would you change if you could?

ohwottodo

My personal view is that the children should be able to stay or have some sort of option to be able to - Also think they should be allowed to work while they are here

slummymummy

Oh yeah I forgot about that, those kids are not allowed SSN or work.

By the way, there are websites and petitions (I signed a couple) for the E2 thing.

jeffreyhy

"they can't get green cards ever" Is this really true? What if a bachelor, or bachelorette, in the USA as an E-2, or formerly in the USA as an E-2, were to meet and marry a USC? They can't adjust status or apply for an immigrant visa on the basis of the marriage?

The basis of the E visas lies in treaties between the USA and the treaty countries. To what extent might the terms and conditions of those treaties determine, or dictate, what the immigration aspects are?

Regards, JEff

slummymummy

You're right. But they can't get GC ever just on the basis of their E2 status.


I don't know but that's an interesting point... maybe. I say maybe because I'm thinking if the US wanted to give GCs to E2 visa holders, no treaty could stop them. But again I could be wrong!

LinkTen

Some changes I would make:

Green card for all MSc and PhD students
Any student who graduates from a US university with a masters or PhD can apply for a green card.

H4 visa holders can work
Self explanatory.

Citizenship for illegal immigrant children
A pathway to citizenship for all immigrants who come to the US as children through no fault of their own.

Same-sex marriage
Same sex marriage is recognised in term of immigration.

H-1B reform.
Make H-1B easier, cheaper and increase the caps.

Get rid of the diversity lottery.
Place these visas into other categories.

slummymummy

Good points!

A lot of those children of illegal immigrants are "american" in the way that they've grown up here, gone to school, talk like americans, etc. So it does seem right that they should somehow be able to become US citizens.

LinkTen

Exactly, however it would be hard to make it just applicable to children or those who were brought to the US as children. How could they give citizenship/permanent residency to someone who's 15/16/17/18 and then deport their parents?

I guess it would have to be citizenship/PR for all or nothing.

Interesting enough, a bill is expected to be announced by the end of this month from the 'group of 8' which will likely include a path to citizenship.

slummymummy

I know, it's tricky... And I guess they don't want to encourage more illegal immigrants either. However, if someone has managed to live in a country for say 5 years and supported themselves and not committed any crime, then they might be "good" for the USA?

LinkTen

Possibly, but then as you mentioned, that might encourage others to come illegally, and stay under the eyes of the law for 5 years, then come out and claim PR/Citizenship.

I guess strengthening borders would be vital, but that won't keep people out I don't think.

slummymummy

I read about someone who had come to the US as an illegal immigrant when he was a little kid and he had just graduated from high school. As he was sick of being "illegal", he left and went to another country (I think it was the UK because he was half european so was allowed to live there). Everyone called him "american", but he wasn't allowed to even visit the country where he had grown up and where his parents still lived.

Apparently schools are not allowed to ask any questions about anyone's immigration status. Don't know if this is good or bad. Good for the kids who are already here, but maybe bad because it might encourage more people to bring their kids to the US?

Anyway, yes it will be interesting to see what the Govt comes up with re this!

becks_r

I had to read this a couple of times before I decided if I should put my opinion in.... but here goes

I do understand why people who have gone down other routes than the VWP / AOS route believe it is easier (not sure about the open to abuse bit though) but I believe there should be a way to allow for genuine changes to plans or for having no real plans in the first place and banning this route isn't the answer IMHO. I believe it should be easier for people who really want to live together to be able to stay for longer periods of time in either country while they are going through the process. Its all the problems of not being able to leave or not being able to stay that makes people who have never gone through the VWP / AOS think it is easier to go down that route and therefore not fair on the others.

In my experience it isn't easier - and I know this is just based on my experience. But the stress of knowing you didn't plan it but not sure if all the supposed proof is enough to prove that is very high. I was a mess before my interview, convinced the smallest comment would be misunderstood and knowing I had gone back to the UK on the AP just before the interview, well I wasn't at all sure what message that would give. And knowing that if the proof isn't enough I would have had no appeal against it was also very stressful. And the cost - it has been very expensive and not being able to work during the time I have been here hasn't helped with that. Now I know other routes are expensive and stressful and I am glad I could stay with my husband during it all. But also, for me, knowing that once I sent in the AOS application I could not leave the country and having the stress of knowing both my parents were ill back in UK and I could do nothing about being with them caused additional stress. I am just glad the AP came through in time for me to spend time with my dad before he died.

So I would never want the AOS from VWP banned, but I would like to see it easier for people applying through other visa routes have more flexibility to travel between the 2 countries and be able to stay wherever they wanted while the process is going through, even if that meant there needed to be more checks on working illegally etc.

Talking of which, I don't understand the comment about overstaying being ok - I would never have risked being in US illegally, so would never have overstayed the VWP.... why is it ok to do AOS if I had overstayed but not if I applied during the 90 days.... doesn't make sense to me

Anyway that's my opinion....but then I believe life is too short not to be spontaneous sometimes and I would hate to see that penalised more than it already is in most countries

slummymummy

Good post! Thanks for taking time to explain from your point of view. I learned a lot from reading your story!

I meant "open to abuse" as in for every genuine case like yours there seems to be plenty of other that are not genuine. I know someone who did it (not genuine) and I was adviced by an attorney to do it myself...

Now I understand that it's not that "easy" even though you didn't have to be separated from your husband.

The simple answer seems to be to make the waiting time a lot shorter for K-1 and CR-1 visas! Then those people wouldn't have to think that AOS from VWP was the easy way and feel that things are unfair.

As for the overstay, I meant that if the rules were changed tomorrow so that AOS from VWP wasn't allowed anymore, they might still give "amnesty" to those who are already in the US.

becks_r

I have to admit I don't know the waiting time for K-1 and CR-1 visas, mainly because I wasn't planning much when I came over to US the last time, I just wanted to see if living together would actually work!! But it was 5 months from sending in the application and getting the interview and although, yes I was with my husband, it was still a long wait.

But, yes any wait that separates genuine couples and families is criminal in my mind and it should be easier to be together or much shorter wait in the first place. I am now going back to UK for a month to sort out loads of things for my family, especially my Mum, and a month is enough for me to be away from my husband..... maybe I will think differently when we have been married for years

And your point about the overstay makes sense now and I do agree with that...

Noorah101

About 8 to 10 months. But they are allowed to visit each other while waiting.

Rene