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How will Trump’s EO on suspending immigration to the US affect greencard holders?

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  • How will Trump’s EO on suspending immigration to the US affect greencard holders?

    So yeah I just read the article on NY TIMES:


    https://www.nytimes.com/2020/04/20/u...e=articleShare


    There’s currently not much info on this Executive Order yet but it is apparent that his targets are those who are applying for work visas and greencards.

    I do wonder, how will this Executive Order affect those WITH valid greencards - permanent and conditional ones? What should we worry about?

    He’s long been wanting to do this and finally he found his chance - at the expense of a pandemic. I feel for those who currently are applying for work visa and greencards - the pandemic is stressful enough and of course Trump is going to make things MORE stressful for them. And I know this is just temporary, but with Trump, anything can happen. It sucks.

  • #2
    First, there is no EO yet. He just says he plans to issue one.

    Second, it is highly unlikely to affect people already in the US, as there is no section of law that allows the President to deport people for an arbitrary reason as there is for suspension of entry.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      Originally posted by newacct View Post
      First, there is no EO yet. He just says he plans to issue one.

      Second, it is highly unlikely to affect people already in the US, as there is no section of law that allows the President to deport people for an arbitrary reason as there is for suspension of entry.
      The way he worded his tweet, it seems like the EO was already drafted and all he has to do is sign it. I hope it won’t be issued ever.

      I wonder if greencard holders will be restricted to travel if such EO is implemented? Will we be allowed to enter if we leave? I’m not very familiar of the law...

      Comment


      • #4
        Frankly it’s tough to say because the tweet is very vague. It will probably effect those who have yet to file I485 (although USCIS could still accept petitions, just not issue new green cards) and those wanting to apply through consular processing.

        Comment


        • #5
          I did my final interview in August and I still have not received my card but got my EAD renewed until 2022 (wonder if the agent anticipated a freeze and was nice, I thought it was going to be only a one-year renewal)... I wonder what it means in terms of issuance of new Green cards for those like me...

          Comment


          • #6
            I hope it doesn't go through. We just filed the I130's for my step children :-( We need them up here ASAP, their mother passed away
            3/21/18 - file (I-765, I-485, I-130) received by NBC
            4/2/18 - Received 3 receipts for 3 cases
            4/2/18 - Received biometrics appointment
            4/27/18 - biometrics complete
            7/6/18 - I-485 Ready to be scheduled for interview
            8/10/18 - EAD in Production
            8/13/18 - "We approved your case" I765
            8/16/18 - We mailed your card to you


            Field office NYC

            Comment


            • #7
              Looks like Trump will have a press conference about his planned EO tonight. Another article from NY Times:


              “Trump is expected to announce a pause in issuing green cards, but backed off plans to also halt guest worker programs.


              The president is expected on Tuesday evening to announce a temporary pause in the issuance of most green cards, a move that would close the United States off to tens of thousands of people seeking to join family members or accept employment during the crisis, a person familiar with the president’s plans said.

              But Mr. Trump, who declared his intention to “suspend immigration” in a late-night tweet on Monday, has backed off plans to also halt guest worker programs that bring farm laborers, high-tech employees and others to the United States using special visas.

              Business groups had exploded in anger on Tuesday at the threat of losing their access to foreign labor.

              In recent weeks, the Trump administration has used health concerns to justify aggressively restricting immigration. Even before the tweet, it had expanded travel restrictions, slowed visa processing and moved to swiftly bar asylum seekers and undocumented immigrants from entering the country, alarming immigration advocates who have said that Mr. Trump and his advisers are using the pandemic to further hard-line immigration policies.

              The executive order — which Mr. Trump is expected to announce during the task force briefing on Tuesday — will focus on preventing people from obtaining permission to live and work in the United States.

              Last year, about one million people were granted green cards, though the order will not bar all of them. American citizens seeking to bring their children or spouses to the United States would still be allowed to do so, the person said.

              But the path to winning permanent legal status in the United States would be blocked for most other foreigners, including the relatives of current green card holders and those seeking green cards based on a job offer, the person said.

              Mr. Trump’s expected announcement prompted a fierce reaction from immigration rights advocates, who accused the president of using the economic fallout from the pandemic to carry out a broad assault on the nation’s legal immigration system and provide a highly volatile campaign message that will help stoke populist anger among his core supporters as he heads toward Election Day in November.

              “This is both a political act to demagogue and distract from his awful handling of the Covid-19 crisis and lack of testing,” said Todd Schulte, the president of FWD.us, a technology group that advocates immigration. “And it is also a policy effort by hard-liners to use this crisis to enact their awful, decades-old wish list to radically slash immigration.”

              But the decision not to block guest worker programs — for now — is a concession to business groups that assailed the White House on Tuesday. Jason Oxman, the president of the Information Technology Industry Council, a trade group, said in a statement earlier on Tuesday that “the United States will not benefit from shutting down legal immigration.”

              Mr. Trump could still block some of the guest worker programs in a second phase of immigration restrictions because of the pandemic, the person said, but that would not happen immediately.”

              Comment


              • #8
                I’ve been awaiting for my interview and still need to do my medical exam to get my green card. Will this affect me too?

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                • #9
                  Originally posted by Andreaf View Post
                  I’ve been awaiting for my interview and still need to do my medical exam to get my green card. Will this affect me too?
                  Scheduled interviews were canceled because of the pandemic, and right now USCIS offices won’t open until May.

                  If this EO takes effect, based on Trump’s press conference earlier it seems like there won’t be interviews for applicants and they won’t be issuing any greencards, unfortunately, for the next 60 days after he signs it with a possibility of getting extended. We’ll get more details once the draft gets public. It sucks. Im sorry.

                  Comment


                  • #10
                    Given the uncertainty surrounding the order, I think its best we stop pontificating about what may or may not be in it. From what has been reported, the EO is considerably more watered down then the original tweet suggested. It wouldn't surprise me if the order was watered down even further. We are all (rightfully) worried but unfortunately, there isn't much any of us can do about it- other than contacting your Senator. This event shows the importance of retaining legal counsel to help deal with immigration matters which can move quickly.

                    Comment


                    • #11
                      I'm curious about the EO, if we already are in the USA, we are already working (visa or EAD), stoping the GC for 60 days does not make any difference.
                      Nov 2018 - Package sent - EB - Texas Service Center
                      Day 1 - Package received at the lockbox
                      Day 999 - Card delivered to me - Aug 2021
                      ---
                      All my posts are based on my experience or information I read on the forums or the USCIS website. I may be wrong. Please consult a professional.

                      Comment


                      • #12
                        How about Removal of Conditions? Are ROC concidered a 'new' green card ?

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                        • #13
                          Originally posted by josger View Post
                          How about Removal of Conditions? Are ROC concidered a 'new' green card ?
                          I doubt ROC will be effected since those people have already been granted LPR status and are more than likely in the U.S. To be sure, we will have to wait for the final EO to be released.

                          Comment


                          • #14
                            Originally posted by Enub4 View Post
                            I'm curious about the EO, if we already are in the USA, we are already working (visa or EAD), stoping the GC for 60 days does not make any difference.
                            I know.

                            This EO could be an election campaign stunt for Trump - his 2020 version of building walls to stimulate his xenophobic fans, because we all know he is getting a huge flak for his awful performance re the pandemic. 60 days is nothing if he really wanted to protect American citizens from unemployment and implementing it now does not make sense because not a lot of employers are hiring. Companies are shut down. This is something he could do when the outbreak has died down which will take a while probably a year, but alas, he found the perfect opportunity and took advantage of the pandemic.

                            Comment


                            • #15
                              Here is the proclamation. It does not affect green card holders, even if they are outside the US.

                              This is my personal opinion and is not to be construed as legal advice.

                              Comment

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