alt Hacker NewsTyping this from behind a VPN proxy, just in case but...
Does anyone know if this mean that I as a US citizen, who has a spouse who has already applied/submitted their application (but has been waiting while the government drags its feet on it for over half a year), will now need to say goodbye? Things were already getting blurry when we moved quickly to get things in when we saw the winds in 24....
This is all so terrifying.
Replies
IANAL. Seek legal advice. I hope you have an immigration attorney. I honestly think that in this administration, no case should be submitted without an attorney. DIY filing is incredibly risky.
What matters here is how your spouse entered the country, what visa they are on, how soon you got married after they entered the country, their entire immigration history and whether or not they've accured any unlawful presence.
It seems like people who are on so-called "immigrant intent" visas (eg L1, H1b) might still be able to ordinarily adjust in the US. What this will affect (if it isn't struck down) is people who entered on a visitor's visa or a student visa (both of which are not dual-intent) and then got married and filed for adjustment. Those people might be forced to consular process if this stands. People who have already filed when this memo was released might still be able to adjust. We really don't know until this gets tested in court.
But interestingly there are work visas that aren't dual-intent (eg TN, E3). Those people may not be able to adjust with consular processing if this stands. That's a big change. It may force them to adjust to an H1B first.
Looks like it. And if you are from one of those 75+ countries, whose consulates have already stopped processing GC applications, you are cooked.