How does immigration work for families?

[Narmer]

There's a guy at my university who is married. He has a permanent residence card but his wife has a H1-B Visa from Singapore. They just had a baby but her visa is going to expire next year. He says the laws says that if he is going to file for her, she has to leave the country for five years. The baby was born here so he is a U.S. citizen. Can the INS split up the family like that? They are not illegal citizens. He's very worried about losing his wife for so long and seeing his family split up.

 

[FoBoT]

if neither of them are citizens, why do you think he is wrong?

 

[Narmer]

Originally posted by: FoBoT
if neither of them are citizens, why do you think he is wrong?

I don't understand your question?

 

[FoBoT]

i am just saying the laws are what they are for non-citizens, they don't get a "free pass" by having a baby here

this is one of the reasons why some want to change the constitution so that being born on US soil doesn't automatically make a person a citizen

and the INS won't force them to split up, they can all leave and stay together if they have to, nobody is going to force the father to stay here with the son while kicking out the mother, the family can stay together and go somewhere else until they can come back or whatever the law requires

 

[Narmer]

Originally posted by: FoBoT
i am just saying the laws are what they are for non-citizens, they don't get a "free pass" by having a baby here

this is one of the reasons why some want to change the constitution so that being born on US soil doesn't automatically make a person a citizen

I guess you're right. Just asking. Sucks to be an immigrant today. However, people had no problem when it was their ancestors that were coming here in droves. Now that it's mainly non-Europeans, people are calling for the border to be closed.

 

[Mill]

I don't know if it would take 5 years. Sounds like she would need a F2A visa, and there is a substantial backlog. The only way 5 years would be true is if she is subject to some kind of rule making her go back to her homeland for a period of time.

 

[rufruf44]

She can either switch to F1 visa by taking classes @ the university, or use visa waiver to come and stay for a max of 3 months (no visa needed).
The 5yrs is probably the amount of time needed for him to get his USC.

Immigration law is arcane and in badly need of a reform. It punished the legal resident sand continuously reward illegals with the various pardon and amnesty.

 

[puffff]

Originally posted by: FoBoT
i am just saying the laws are what they are for non-citizens, they don't get a "free pass" by having a baby here

this is one of the reasons why some want to change the constitution so that being born on US soil doesn't automatically make a person a citizen

and the INS won't force them to split up, they can all leave and stay together if they have to, nobody is going to force the father to stay here with the son while kicking out the mother, the family can stay together and go somewhere else until they can come back or whatever the law requires

i've always wondered, if babies born here no longer got automatic US citizenship, what country would they become citizens of?

 

[txrandom]

Originally posted by: puffff

Originally posted by: FoBoT
i am just saying the laws are what they are for non-citizens, they don't get a "free pass" by having a baby here

this is one of the reasons why some want to change the constitution so that being born on US soil doesn't automatically make a person a citizen

and the INS won't force them to split up, they can all leave and stay together if they have to, nobody is going to force the father to stay here with the son while kicking out the mother, the family can stay together and go somewhere else until they can come back or whatever the law requires

i've always wondered, if babies born here no longer got automatic US citizenship, what country would they become citizens of?

The country their parents are citizens of, or no country at all until a country is willing to make them a citizen.

 

[rchiu]

Originally posted by: FoBoT
i am just saying the laws are what they are for non-citizens, they don't get a "free pass" by having a baby here

this is one of the reasons why some want to change the constitution so that being born on US soil doesn't automatically make a person a citizen

and the INS won't force them to split up, they can all leave and stay together if they have to, nobody is going to force the father to stay here with the son while kicking out the mother, the family can stay together and go somewhere else until they can come back or whatever the law requires

What free pass? Nobody is talking about becoming a citizen here, all the OP is asking is if why can't the government provide a legal status for the wife to stay with the husband and take care of the baby who is a legal citizen.

The husband went through the legal process to get the status to stay in the US. Why must he choose between wife or staying in the US?

The US immigrant is BS in regards to the spouse of Green Card holder. (if the spouse was married to the Green Card holder after he/she got the Green Card) Like the OP said, the spouse have to wait for years before he/she can get a legal status to stay. It will be difficult for the spouse to even visit the US, because the immigration officer will treat the spouse as someone with intention to migrate.

Note we are talking about people who get into these kind of difficult situations here trying to go through the legal channels in the US, and we are most likely talking about people with professional skills, good job and pay taxes. Any you people wonder why so many people go through illegal channels to stay in the US?

 

[magomago]

That sounds restarded. Let them stay! I would hate to choose in a situation like that, but I would give the INS the finger and try to find a loophole...otherwise I don't think that if I was married I could part with my wife of five years

 

[gsethi]

Originally posted by: rchiu

Originally posted by: FoBoT
i am just saying the laws are what they are for non-citizens, they don't get a "free pass" by having a baby here

this is one of the reasons why some want to change the constitution so that being born on US soil doesn't automatically make a person a citizen

and the INS won't force them to split up, they can all leave and stay together if they have to, nobody is going to force the father to stay here with the son while kicking out the mother, the family can stay together and go somewhere else until they can come back or whatever the law requires

What free pass? Nobody is talking about becoming a citizen here, all the OP is asking is if why can't the government provide a legal status for the wife to stay with the husband and take care of the baby who is a legal citizen.

The husband went through the legal process to get the status to stay in the US. Why must he choose between wife or staying in the US?

The US immigrant is BS in regards to the spouse of Green Card holder. (if the spouse was married to the Green Card holder after he/she got the Green Card) Like the OP said, the spouse have to wait for years before he/she can get a legal status to stay. It will be difficult for the spouse to even visit the US, because the immigration officer will treat the spouse as someone with intention to migrate.

Note we are talking about people who get into these kind of difficult situations here trying to go through the legal channels in the US, and we are most likely talking about people with professional skills, good job and pay taxes. Any you people wonder why so many people go through illegal channels to stay in the US?

Yes, the immigration law is hard on spouse of a Green card/permanent resident holder (if the spouse is not a USC/Permanent resident).

Just an example:
you are a Green Card holder. You go to Europe/Asia/Australia. You find yourself a spouse that you know that both of you will enjoy the rest of life together. You get married but your spouse will not be able to come to US with you (will have to wait years before he/she can come). Yes, you are free to go outside the US and live with your spouse (but if you live for more than 6 months in a year, you loose your Green Card)

On the other hand, if you are on a non-immigrant visa (such as L or H visa), your spouse can come most probably within 2-3 months. And when you apply for your Green Card later, your spouse (and children under 21yrs of age) get an automatic Green card also.

My cousin is in a similar situation now. He found a nice girl but my cousin recently got his Green Card (through his company). Now, if he gets married to that girl, he will have to wait ~4-5 years before she can visit the US and live with him. My cousin is well-settled in the US (very nice job, owns a house etc) but he cannot marry and live with the person he wants. If he had gotten married an year ago (when his Green card application was still pending), the girl would have been in the US now with a Green card.

We seriously need a reform in the immigration laws for those who are doing the whole process legally.

 

[Narmer]

Originally posted by: magomago
That sounds restarded. Let them stay! I would hate to choose in a situation like that, but I would give the INS the finger and try to find a loophole...otherwise I don't think that if I was married I could part with my wife of five years

I know. It just sounds awkward for something like this to happen for people who are abiding by the law.