alt Hacker NewsRead the law! It’s there in black and white! It’s 8 USC 1101(a)(15) and (a)(15)(H). It’s a “nonimmigrant” visa for people “temporarily” in the U.S. https://www.law.cornell.edu/uscode/text/8/1101
How is it “delusional” to interpret a law that’s plastered with the words “non immigrant” and “temporary” and say that maybe it shouldn’t be a de facto path to permanent residency?
Replies
FireBeyond • today at 4:42 PM
As is the K-1 fiance visa. Talk to us of how the purpose of the K-1 fiance visa is a "nonimmigrant" visa that is for people to be allowed "temporarily" into the US to see their spouse, and that it is "delusional" to think that that might be a path to permanent residency with their spouse.
Because the words temporary amd nonimmigrant don't carry the meaning that you're imbuing into them. Fiance visas operate very similarly to these dual intent H1 visas. You're granted a temporary nonimmigrant status while you pursue a permanent one. The words nonimmigrant and temporary doesn't exclude pursuing a permanent status at all.
In the case of a K-1, it is assumed you will transition from a temporary nonimmigrant status to a permanent status. [1] Requiring folks to move to the U.S., and then go back out of the country to get a green card, only to return again, is absurd. That absurd dance for both K1 and H1 w/dual intents is the reason the laws and guidance provided to agents changed starting in the 50's through the 90's. These changes in guidance to agents are nothing more than a thinly veiled attempt to suppress people coming to the U.S. lawfully, which is absurd and deeply anti-American.
[1] https://www.uscis.gov/family/family-of-us-citizens/visas-for...