apply green card for other family member when I have green card

[TheRealCanadian]

I will go out on a limb and say that if there is a Democratic President with an expanded Democratic majority in Congress next year the ten year bar may be eliminated.

The 10-year bar was signed into law by a Democratic President, and I don't see it going away any time soon.

 

[thankful]

The 10-year bar was signed into law by a Democratic President, and I don't see it going away any time soon.

True. But what choice did he have? It was sent to him by a Republican Congress as part of a gigantic federal budget for the next fiscal year just before the 1996 election. Would any President veto an entire federal budget and then tell voters that I wanted to protect illegal immigrants?

Every single immigration reform bill advanced by the Democracts in recent years has a provision to undo the 10 year bar.

 

[TheRealCanadian]

what choice did he have? It was sent to him by a Republican Congress as part of a gigantic federal budget for the next fiscal year just before the 1996 election. Would any President veto an entire federal budget and then tell voters that I wanted to protect illegal immigrants?

That same President vetoed several Republican budgets at that time, and was happily re-elected.

Every single immigration reform bill advanced by the Democracts in recent years has a provision to undo the 10 year bar.

Sure, and none of them have even made it to the President's desk. That's not going to change if the Democrats take the White House. Let's face it, there's not a tremendous amount of sympathy for illegal immigrants, either from citizens or suckers like myself who did it the legal way.

 

[thankful]

That same President vetoed several Republican budgets at that time, and was happily re-elected.



.

"I am going to veto this bill (and bring about a government shut down) because it is underfunding the Department of Education (or grants in aid to local police authorities etc) will be received very differently than "I am going to veto this bill (and bring about a government shut down) because illegal aliens are getting screwed."

 

[TheRealCanadian]

"I am going to veto this bill (and bring about a government shut down) because it is underfunding the Department of Education (or grants in aid to local police authorities etc) will be received very differently than "I am going to veto this bill (and bring about a government shut down) because illegal aliens are getting screwed."

That's true, but if memory serves correctly the 1996 Immigration Act amendments were standalone legislation, as was welfare reform. You really should read up on "triangulation"; Clinton was very good at finding a middle ground between the GOP and his own party.

I'm extremely confident that the 3/10-year bars will remain part of US immigration law for the next four years, no matter who is in office. There may be a temporary amnesty or modification of them, but the bars will remain, as will the 5-year bar.

 

[thankful]

That's true, but if memory serves correctly the 1996 Immigration Act amendments were standalone legislation, as was welfare reform. You really should read up on "triangulation"; Clinton was very good at finding a middle ground between the GOP and his own party.

I'm extremely confident that the 3/10-year bars will remain part of US immigration law for the next four years, no matter who is in office. There may be a temporary amnesty or modification of them, but the bars will remain, as will the 5-year bar.

No the 1996 immigration bill was not a stand lone legislation. It was embedded as part of the federal budget. My memory tells me that it was enacted as Division C of the budget bill.

 

[thankful]

Most immigration laws in recent memory passed Congress as parts of much larger budget bills. Examples included the limited amnesty programs passed in 1997, 1998 and 2000.

 

[bobyang3]

thanks all!

sorry, ask another question. I know 10 years bar overwrite anything, even if she got her greencard outside of USA, she still cannot enter USA. however, what's about if she gets her greencard within USA by marring me when I am a citizen. When she gets her greencard within USA, will she have troubles when she goes out and come back again and 10 years bar stops her to get in?

thanks!

 

[thankful]

thanks all!

When she gets her greencard within USA, will she have troubles when she goes out and come back again and 10 years bar stops her to get in?

thanks!

No this will not be an issue. When a person becomes a permanent resident the 10 year bar is no longer in play.

 

[thankful]

thanks all!

sorry, ask another question. I know 10 years bar overwrite anything, even if she got her greencard outside of USA, she still cannot enter USA. ?

thanks!

To be technically correct, she will not be issued a green card from abroad at all when she is subject to the ten year bar. They (the embassy or consulate) check if the bar applies before they make a decision on the visa application. If the bar applies and you do not qualify for a waiver the immigrant visa application is denied.

(sorry for being super-legalistic; I wanted to give you the complete picture).

 

[bobyang3]

To be technically correct, she will not be issued a green card from abroad at all when she is subject to the ten year bar. They (the embassy or consulate) check if the bar applies before they make a decision on the visa application. If the bar applies and you do not qualify for a waiver the immigrant visa application is denied.

thank you! this makes more sense to me now

I heard other stories from my coworkers and like comfirm if this is correct:

1. greencard by marriage can apply for citizenship after a total of 3 years of greencard (temp+regular)? one of my coworker just get her first regular greencard and she said she can apply for citizenship in a year?!

2. an alien marry to a army person who works oversea can get citizenship without going through greencard process? she marries to a US army person who services oversea and get marry outside of US. she said if she didn't come back to US, she could apply for citizenship right away outside of US. Too bad her husband got to move back to US so she needs to start from green card. is this possible? unless this is the special benefit for army to stay outside; otherwise, this doesn't make sense to me..

thanks!