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Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Pollyanna posted:

How's policy gonna change in the coming years? Are standards gonna be more restrictive or will it start fighting against certain groups immigrating here?

I guess we can answer that right after we predict correctly how congress will be made up in the next few years.

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Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Uncle Jam posted:

What is the reasoning to let people in for higher education, like PhDs, only to make it incredibly hard for them to stay afterwards? It seems really dumb to me to educate people to the highest standards so you can send them back to their country.

Laws don't have any coherent reasoning when you have power changing hands on a regular basis and you need to compromise to get anything passed. One group of people wants next to no immigrants at all ever, the other wants as many as possible, so you end up with a compromise (or at least you did in the 90s, when there was the last round of major changes - nowadays you simply get nothing done).

Additionally, it's not "incredibly hard" for a PhD with a sought-after skill to stay, at least not as difficult as for the general public of foreign countries. For example, unless I'm mistaken, the H-1b program has quotas for researchers.

Also, if you insist on finding a reasoning: They pay tuition to their schools, so they help funding them, and they export the ideas they were taught here.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

z0331 posted:

I always liked this chart to really illustrate how difficult it is to become a US citizen.

While it's good for some general orientation, some of the problems with this chart are:

1) I know from first-hand experience that some of the durations are exaggerated,
2) It doesn't cover things like the Green Card Lottery and investments below $1 million,
3) By its very nature as a chart that was made for a 2008 article, it will never get updated.

It also doesn't cover why something is "easy" or "difficult".

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Meow Meow posted:

My BF and I are planning on emigrating to the US (by hook or by crook) within the next ten years. We're both highly paid professionals, but to my surprise- it seems that the US doesn't have a points based entry system like Canada or Aus.

(If this is true), why doesn't the US want to attract young professionals with a high earning potential? The mind boggles.

I'd seriously try to get over all these question of why politics are the way they are in a thread that's about helping people get things done. Consider asking about the policy considerations in D&D.

Anyway, if you're highly paid, once you have saved up $200k, you can already start with investor visas (if you want to run a business) and from $500k you can leave controlling the investment to others. The risk is of course that the investment is lost and you'd have to return to your country of origin (unless you've already gained permanent residency in the case of the visa for the higher investment).

A second option to consider are employment based visas such as the H-1b, which is for highly skilled individuals. After a few years you can get permanent residency. A friend of mine just got permanent residency this way.

Also, if you're from one of the qualifying countries, there's always the Green Card Lottery. The only downside to that is that the chances of winning are in the single digit percentages and depend on your country of origin. But since it's free, it doesn't hurt to try.

By the way, where the hell is the OP?

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

The Dagda posted:

How exaggerated are the durations, and in what kind of situations? I ask because I've only worked with immigrants on the low-income end (dealing with asylum and/or undocumented people), so barring asylum and hardship my impression of the U.S. immigration regime is that it's really hard to get in.

Are you mostly working with people who are trying to get employment visas?

I guess I should first explain that I'm not a lawyer and that everybody should absolutely double-check everything I'm saying here. I'm just a guy who immigrated into the US and who knows several other people who did the same thing or are in the process. Once in a while I'm just interested in sharing some of my experience with people in similar situations and helping them out. I'm really sorry if I gave any other impression.

My first hand experience is that it took me a little over four years to go from nothing to citizen using the sequence that's on the very top of that chart. Posts on forums like visajourney.com at the time showed similar timelines.
The chart says that the best case is six to seven years, so either me and the other people were imagining things or the chart is simply wrong.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Syphilis Fish posted:

I got married in october of last year. I am still waiting for my green card, or even my invitation for an interview. Paid all my dues and am still waiting my rear end off, a year later.

OP; How long is this going to take? It is really frustrating.

The OP has shown tremendous interest - just not in this thread. Anyway, you can use this page to find out where to check for processing times:

http://www.visajourney.com/content/times

And these are maximum times, so if your application is any older, by all means contact them.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Ashcans posted:

Honestly I don't know why you would want to come here anyway

Very nice, no immigration thread on SA can ever do without

1. Why don't you go to Canada?
2. Who would want to come here?
3. We don't have any jobs here.

But it's at least somewhat new for that to come from someone who apparently works in the field.

To address these things from my perspective:

1. I won't ever be able to think of Canada without thinking of fraternite again. But seriously, a country like Canada is a different tradeoff. I could go through all the tradeoffs, but to me it would just be boring and second choice. I know it's supposed to be great and all, but not everyone likes the same things.

2. I get asked the same in my old country. Every country has the same self-loathing intellectuals the US has to a degree. Over there I get congratulations for leaving. I think it's always people projection their feelings on me.

3. Bullshit. It's about as true as it is for every other country: It depends on the field someone works in.


Anyway, I'd love it if the guy cutting my hair would question the wisdom of anyone getting a haircut. :haw:

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Ashcans posted:

Maybe I am misreading your tone, but your post seems pretty aggressive. Did I poop on your lawn or something? You're also strawmanning what I said pretty hard.
I had said that immigration threads always bring up these subjects, it wasn't about you specifically. You didn't post anything particularly horrible.

Sorry if it made you think I was focusing on you.

Ashcans posted:

1. I didn't say 'Move to Canada it is amazing and better than stinky America!'.
I got that, Canada was just the icing on the cake. And again, I just said that it always comes up in these threads.

Ashcans posted:

2. Yea, I guess my tone was a little flippant, but you don't think this is a valid question?
If it seems silly for someone to do, yes. I'm with you with regards to the illegal UK chick, but you didn't ask the guy here why we wanted to leave the UK, you were wondering why he'd want to come here. So that made it look a little bit like the usual SA party line of "OMG why would anyone ever want to live in the US".

And like he had said, that BS that gets posted here all the time about the tremendous chances of working everywhere within the fabulous United States of Europe is just that. It gets shot down pretty hard when you don't speak the language of the country you want to go to. And you're always going to be seen as a foreigner.

Ashcans posted:

3. I never said anything about there being no jobs, so I don't even know what this is.

Like I said further above, this wasn't so much about what you said. It was about what gets posted generally.

Ashcans posted:

Do you go to a barber because you don't own a pair of scissors, or because he's a professional and might have a better grasp of hair-cutting than you? I would hope that he would apply some of that experience to questioning bad decisions and giving some advice, otherwise I might as well save my :20bux: and stay home with the hedge clipper.

I've actually seen two schools of serving people: Some people would never question the customer's request, and some people would start a discussion to find out what's best for the customer. Neither is always right. I actually go to the barber because he is good at cutting hair, but it's also a factor for me whether or not he likes to cut hair.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Davethehedgehog posted:

The particular application says "EAD Preferred". I wasn't familiar with the EAD. I've read some stuff online, but US immigration information is difficult to grasp so perhaps someone can put it into clear english?

In plain English I'd say that employer practices discrimination. Unless I'm misinformed, it's illegal to prefer specific forms of work authorization over others. One of the many sites you can look up about that topic is here (just googled it): http://www.workplacefairness.org/immigrationstatus?agree=yes#9

If they did this because they don't know the rules, that's still bad because it means they're probably not going to be helpful.

The most a U.S. employer can generally legally tell people upfront is that they need to be legally able to work in the U.S., but they can't post something to the effect of "We prefer people with an EAD over other people".

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

lol internet. posted:

I heard US citizens living abroad with a permanent resident or other citizenship will need to start paying income tax they earn?

True, False?

http://lmgtfy.com/?q=I+heard+US+cit...rue%2C+False%3F

It has nothing to do with who you live with.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

lol internet. posted:

might of it was it was

That doesn't change anything. U.S. citizens in foreign countries need to pay U.S. taxes. However, there is an exemption if they make less than $80,000 per year (just look it up).

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy
So what's so great about replying to questions that a person is too lazy to google and that can be perfectly found an answer to if they would only bother? I'd say those warrant a lmgtfy.com 100%. How am I running something valuable into the ground?

I'd rather see things in here that are "advice from the experts" questions, not "Do I need a passport to file paperwork?" level things. Come to think of it, that tax question wasn't even an immigration question.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Michael Scott posted:

The OP hasn't replied once to this thread made 3 months ago.

Immigrations processing takes time!

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

lol internet. posted:

This is relevant to immigration because it's US citizens living abroad.

No, the thread title is "Ask me about US immigration", which means people immigrating (= moving into) to the US. It's not about "emigration" (which is what you're asking about) or just any "immigration".

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Ashcans posted:

Edit: I say this because one of the things that is most frustrating to hear in immigration is someone saying 'What do you mean I can't do X, I know a guy who did this and he's been doing X for years!' Great, your friend is breaking the law and hasn't been caught yet. It happens. Go ahead and jump in the same boat, but burn my business card first.

In that spirit: A friend of mine's Indian parents are permanent residents of the U.S., but live in India and only come here once a year to visit my friend. I remember from way back when that staying outside the U.S. like this should carry the risk that their permanent residency could be revoked at any time on the basis of lack of residency. Yet they haven't had a problem for many years apparently. (According to my friend, they apparently wouldn't care too much.)

My main question is: My friend is considering doing the same for a few years. I've tried to tell him that he'd be running a big risk, but he would have none of that. Is there any option for him to spend a few years mainly abroad and to come to the U.S. once in a while without losing his status?

Mr. Smile Face Hat fucked around with this message at 13:08 on Nov 13, 2012

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy
Thanks to both of you, I'll relay that to him.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

EssOEss posted:

Assuming one wins the green card lottery, are there any limits on what one must do? E.g. if you do not move to the US permanently in X months, you lose the green card, or that if you move out of the US again for N months you won't be getting back?

I know you're just asking, so this isn't really about you specifically, but I'd just try to make up my mind before I'd go with the lottery or at the latest after I won it. (If I'm not mistaken, generally there are more winners drawn than there are green cards issued because there's always a significant percentage of winners who don't show up.) If you get a green card through the lottery and then aren't really interested in the US, it's kinda pointless and you could have just left your spot for someone else to win who really is interested. Instead of strange maneuvering I'd personally just spend five years in the US (you can still travel to foreign countries of course), get naturalized and then be free to travel anywhere for whatever amount of time I'd see fit.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy
Just so Ashcans doesn't feel so lonely, I'm going to give you my knowledge from the forums I've visited ten years ago when I was the foreigner. I'm not a lawyer and it may all be outdated and wrong, but everything I see tells me it's still basically the same way.

Pikestaff posted:

Hiya Ashcans, I'm going to be Mister Adequate's sponsor. Just counting income alone, I fall a bit short on the income requirement. Will they count things like your checking/savings account as assets?

Yes, you can substitute assets for income. Don't know the formula, but it's kinda reasonable.

Pikestaff posted:

If they do then I could probably meet the requirement anyway. Failing that, is it terribly difficult to get another relative (like a parent) to sponsor?

That only depends on them. As long as they sign the form that they will sponsor you with their money, it's good from the standpoint of the government.

Pikestaff posted:

Edit: Also, at which point does the income requirement come into play? We were planning on a fiance visa and then marriage, then getting him a green card. I am assuming it is the I-130 petition?

Thanks a lot for any advice and tips.

I don't think we needed an I-130 for the fiancé process. That one would have been for people who are already married, if memory serves.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Went to Hell posted:

I’m a foreign national that currently resides in California on a student visa. My studies conclude at the end of this year, and my visa expires six months after that. I’d like to get a job in California when I graduate (I might actually have a job lined up). What kind of paperwork do I need to fill out so I can legally stay and work in the U.S.? Do I want a work permit, a citizenship, a green card, a permanent residency? What’s the difference between them all? Can you point me towards some helpful sources of information on this subject? Can you give me a step-by-step guide on what needs to happen?

If it helps my case at all, let’s assume that I have a prospective employer who is prepared to sponsor my application. Unfortunately, he’s not sure what needs to happen either, so I’m lending a hand by figuring this stuff out for him.

Good lord, you need to hit up Google and Wikipedia a little bit before asking questions. It'll benefit you in that you can ask better questions and get more useful replies. Also makes people feel you're not just half-assing the thing. It doesn't sound like you have looked up the relevant terms in the slightest (hint: "green card" and permanent residency are the same), so I really recommend you do so now.

Generally in these matters, you'll have to determine what you want, what you can get and how to get there. In your specific case, from what I know, OPT can't be wrong. You can then try to find an employer to file for an H-1B for you. Note that there's an annual cap involved. You may be exempt from the cap if you've got an advanced degree and are going to be working in academia. Good luck. There may be other options that apply in your case, but nothing comes to mind from your post.

And really, do take this seriously if you want to succeed.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Sheep posted:

"Getting a green card" isn't an issue since spouse visas automatically confer permanent residency - the visa itself states that it acts as a temporary I-551 ("green card") with a validity of one year - ie until the real card arrives in the mail.

This must have slipped by Ashcans. Unless it's a new thing, it's absolutely wrong as far as I know (and a quick skim read of the FAQ on Visajourney confirms this). The only way to get permanent residency immediately is direct consular filing, and that requires some conditions being met, such as the petitioner living outside the US.

Do you have any source for this?

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Sheep posted:



The visa itself serves as I-551 ("green card") until the actual card comes in the mail; as soon as you cross the border on a CR- or IR- series visa and the officer stamps your passport and writes down your A# ("registration #" on the visa itself plus a leading "A0") on it, you're a permanent resident.

If you're looking at the VJ FAQ on the K- series, the K- series isn't technically an immigrant series, thus why it doesn't confer permanent residency; the main thing they're used for are K-1 ("fiancee visas") applications, which give you 90 days to bring them in, marry, and fail for AOS, which is basically the same thing (read the first paragraph here). Actual spouse visas for currently married couples (CR/IR series) automatically confer permanent residency since instead of importing your spouse ASAP and then waiting for PR to go through, you're doing the entire process and then immigrating.

Thank you for all this information. I sure didn't know about it and I also surely didn't mention DCF. We're talking about a person who (at least presumably, since she didn't state anything different) is in the US and whose spouse is in the UK. That's where a K-3 would apply. You said ""Getting a green card" isn't an issue since spouse visas automatically confer permanent residency". The K-3 IS a spouse visa.

Look, I salute everybody who is lucky enough to be able to do DCF, but the default is the K-3, which doesn't confer permanent residency and that sure as hell is a "spouse visa" if words have meaning.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Sheep posted:

get in as fat as possible

Right, good idea to get "in the spirit", particularly if you're not going to live in one of the major cities.

Sheep posted:

and fail for AOS

I realize you caught that one in the edit, but for someone who's splitting hairs about the K-3 (and the K-1, but that's not what the other poster was asking about), those sure are some mistakes, man.

Sheep posted:

technically not an immigrant visa

While true, this isn't helpful.

I'm not getting up in arms, it's just that you're splitting hairs about what is "technically" one thing or another and giving people wrong impressions. The fact remains that the K-3 is a spousal visa and that it does not confer permanent residency. Therefore any sentence saying that spousal visas generally do confer permanent residency is wrong. That's all.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy
I had qualified what I said with "Unless it's a new thing", and that's what it is. You could have just said that. I'm also very sorry for making fun of funny typos on a comedy website.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

squeee posted:

She can apply for residency after 3 years
You mean citizenship.

squeee posted:

On a greencard you can only leave the country for 2 months at a time.
365 days.

Check the Wikipedia article on permanent residency.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Ashcans posted:

So the only thing killing the DV lottery that I am aware of is the SKILL Act

Wouldn't it rather be this? It passed the senate last year.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

kiriana posted:

Is dual citizenship a "thing", I am finding so much conflicting information about it.

You'll do yourself a huge favor and make people much more inclined to reply, particularly in important matters, by finishing questions with question marks, not using run-on sentences, and not asking about "stuff" and "things". Be as specific as possible.

Also, keep in mind that in immigrations, there will always be conflicting information, because everybody knows someone who went though something or heard something, and it's often wrong to begin with or gets distorted by going through many ears and mouths. The sources I'd use are written government information, Wikipedia, VisaJourney and good lawyers. They may all come with their own caveats, but I haven't seen them give out conflicting information about your subject.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

If you had bothered to check the general tone of this thread so far, then you'd have seen that it's one where civilized posters help other civilized posters. It's not for manufactured outrage. And calling everyone who posts information you don't like an idiot and going "hellohellohello OP" makes you look even more tone-deaf and stupid.

Post a thread in D&D.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

redreader posted:

As someone who was on an l1b, then h1b, now gc through marriage (easy mode) I agree. There really is something about moving to the USA that is really hosed up. It's super hard, requires so much work and stress and years of waiting (literally years),

...as opposed to all the other desirable countries that give you instand citizenship...

redreader posted:

and sometimes they just say 'lol no' because they feel like it rather than for any particular reason (green card through h1b especially). If you can do any other country it might be better.

This is one of the myths that comes up here once in a while, and it's uninformed drivel from people who only know the US process and want to vent. Look up the process for a few other desirable countries and then show us a table of the requirements and processing times, that would be interesting.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Pinky Artichoke posted:

I don't know, man. Even if I wasn't married to a Canadian it looks like I could get into Canada pretty easily just for being a skilled professional with vestigial French and a savings account.

I knew Canada would come up, because it's always the only other thing some people here know bits and pieces about. And in myth-land it's always easier to go to some other country. That assessment typically changes when people actually look into it.

I'll just say that there are wonderful countries in Europe that force people to relinquish their existing citizenships as a pre-condition to attaining their citizenship. Plus the whole process takes longer to begin with. Then there are many countries that it's practically impossible to become a citizen of. When you look at all that, then the US system really doesn't look as bad as the "OMG this is so difficult and I have heard in Canada..." people make it out to be.

Additionally there are factors that make these processes different from buying shoes: When A marries B, usually only the respective countries they live in are options. Also, it makes more sense to select a country based on a number of factors, not just ease of paperwork.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Pinky Artichoke posted:

I know there are a lot of countries that suck *for Americans* (reciprocal suck, if you will) -- I've entertained job offers from a couple of countries in the past -- but are they all just as bad for immigrants from other countries? Assuming racism/hostilities with a specific country aren't an issue.

That's such a broad an open question, I suggest that you look it up because I simply don't have the time for it. For the record, I didn't think of it from an American perspective at all, just from a general one. I've noticed that people that don't have much experience with traveling to or living in different countries tend to latch on to one particular feature of another country and then add that to everything in their home country and form their judgment based on it.

Example: Somebody once told me that Saudi Arabia is a wonderful country to move to because of some right wives have (sorry, forgot what it was). Never mind human rights, relevance of that issue etc., Saudi Arabia is just as good as everything from that guy's country of origin plus that one right, therefore it wins.

Countries are a mixed bag of features, and everybody can only decide for themselves what they like, but on SA Canada is always the catch-all solution for everything. It reminds me a little bit of vegetarians, those can also never shut up about that.

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Sharks Below posted:

Of course it doesn't. Because you haven't started yet. I thought it seemed super straightforward too. My husband is a lawyer, we thought we would be golden.

Also flavor I agree that there are probably way harder countries etc but sorry, this process is a total oval office.

I literally got (temporarily) refused at interview because they asked me for a document that doesn't and can't exist so... yeah they sorta can just say no for whatever reason they want and leave you in horrible limbo.

It's the end result that counts most, and that seems to be going okay for you.

You're assuming that this would go smoothly in any other country, without having any factual base for that. Going by what a close friend told me, it's also the pits to go to some European countries. Do I make general assumptions based on that? No. I'd really like to see statistics or anything seriously researched that shows whether or not the US is particularly bad before I believe it.

Anyway, good luck!

Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Pinky Artichoke posted:

I'm not really interested in spending my time proving your point by way of researching things that are not relevant to me, so no thanks. And as much as I enjoy giving you an opportunity to vent your rage at a random person, it remains true that both Canada itself and Canadian immigration lawyers advertise their comparatively favorable residency policies vs. the US quite a bit. I wouldn't be totally surprised if some enterprising Canadian law firm sends flyers to known H1B holders.

Wow, advertising proves superiority, you learn something new each day. And a direct reply to people here is a reply to a random person, got it.

Anyway, the person who makes a disputed claim should prove that claim first, not the one who disputes it.

Apart from all of that there also used to be a principle here at SA that it's frowned upon to come into a thread about, say, Windows issues and solutions, and post "Install Linux problem solved :smug:". I'd genuinely be interested in a thread about selecting countries and describing how easy it is to get into them, but this one is not really for that. Anyway, I understand that people want to vent sometimes and I'm ready to move on.

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Mr. Smile Face Hat
Sep 15, 2003

Praise be to China's Covid-Zero Policy

Positive Optimyst posted:

illegals

one party rule

American Electoral Corruption

Thanks for walking in here with your well-founded and hard-hitting commentary that nobody would ever call "inflammatory bullshit". However, the purpose of this thread is to have people exchange helpful information and not to unload your political grievances. D&D is that way.

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