September 11 no RFE rule implications

[tennisluvr]

So after Sep 11, let's say someone's H1B extension or transfer gets denied and his I 94 has expired. In such a case, how soon would he be put under deportation proceedings and receive the NTA? Currently, there are 700,000 applications for NTA(notice to appear) and by the time the whole backlog is cleared it will take more than an year. 

As per the rule, the H1B holder has to remain in the US till his date arrives so during this time, how would he be able to sustain maintaining his family and medicare expenses while not being able to work? In case a H1B holder breaks the rule and leaves US voluntarily he would be subjected to a 6 year ban. There are potentially thousands of people who would be affected if you count their families etc. What if the H1B holder has a let's say 15 year old who's a US citizen, once the H1B holder is subjected to the 6 year ban his family would be banned as well from coming back for a period of 6 years. But since the kid would be a US citizen and would turn 18 in 3 years he should be able to come, but if this rule denies the kid from coming back to the US before the 6 year ban isn't that a violation of his rights as a US citizen? 

Can someone explain what happens in such a scenario? 

[princeofheaven]

4 minutes ago, tennisluvr said:

So after Sep 11, let's say someone's H1B extension or transfer gets denied and his I 94 has expired. In such a case, how soon would he be put under deportation proceedings and receive the NTA? Currently, there are 700,000 applications for NTA(notice to appear) and by the time the whole backlog is cleared it will take more than an year. 

As per the rule, the H1B holder has to remain in the US till his date arrives so during this time, how would he be able to sustain maintaining his family and medicare expenses while not being able to work? In case a H1B holder breaks the rule and leaves US voluntarily he would be subjected to a 6 year ban. There are potentially thousands of people who would be affected if you count their families etc. What if the H1B holder has a let's say 15 year old who's a US citizen, once the H1B holder is subjected to the 6 year ban his family would be banned as well from coming back for a period of 6 years. But since the kid would be a US citizen and would turn 18 in 3 years he should be able to come, but if this rule denies the kid from coming back to the US before the 6 year ban isn't that a violation of his rights as a US citizen? 

Can someone explain what happens in such a scenario? 

The minor kid is free to return to US and join the asylum of child protection services as a gullible minor. No ban on the citizen kid only on parents.

[JAMBALHOT_RAJA]

Only thing that happens in such scenario is ASSAM 

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[Aakupaccha_caradu]

[Android_Halwa]

15 minutes ago, tennisluvr said:

So after Sep 11, let's say someone's H1B extension or transfer gets denied and his I 94 has expired. In such a case, how soon would he be put under deportation proceedings and receive the NTA? Currently, there are 700,000 applications for NTA(notice to appear) and by the time the whole backlog is cleared it will take more than an year. 

As per the rule, the H1B holder has to remain in the US till his date arrives so during this time, how would he be able to sustain maintaining his family and medicare expenses while not being able to work? In case a H1B holder breaks the rule and leaves US voluntarily he would be subjected to a 6 year ban. There are potentially thousands of people who would be affected if you count their families etc. What if the H1B holder has a let's say 15 year old who's a US citizen, once the H1B holder is subjected to the 6 year ban his family would be banned as well from coming back for a period of 6 years. But since the kid would be a US citizen and would turn 18 in 3 years he should be able to come, but if this rule denies the kid from coming back to the US before the 6 year ban isn't that a violation of his rights as a US citizen? 

Can someone explain what happens in such a scenario? 

Getting NTA and appearing before a judge for removal is just a legal attempt to shield the DHS/ICE from any government regulations and by this way, the USCIS can prevent the h1b holder from changing his status to any other category or to become illegal and gradually push the holder out of the country and prevent any further immigration benefits. 

[Spartan]

https://www.uscis.gov/news/news-releases/uscis-updates-notice-appear-policy-guidance-support-dhs-enforcement-priorities

[Android_Halwa]

I go by this logic...

illegal in this nation by one day, that will give enough ammunition for DHS/ICE/USCIS to deny any kind of future petitions. even one day illegal in this country, we will have a tough time crossing the border, at POE, at the time of visa stamping in home country...

In a single line, even if account one day of illegal stay, we are done with dollar dreams....forget the fact even if you have a kid who is 21 and ready to sponsor you.

 

 

[tennisluvr]

1 minute ago, Android_Halwa said:

I go by this logic...

illegal in this nation by one day, that will give enough ammunition for DHS/ICE/USCIS to deny any kind of future petitions. even one day illegal in this country, we will have a tough time crossing the border, at POE, at the time of visa stamping in home country...

In a single line, even if account one day of illegal stay, we are done with dollar dreams....forget the fact even if you have a kid who is 21 and ready to sponsor you.

 

 

This might be the real reason actually

[srdh21]

27 minutes ago, tennisluvr said:

So after Sep 11, let's say someone's H1B extension or transfer gets denied and his I 94 has expired. In such a case, how soon would he be put under deportation proceedings and receive the NTA? Currently, there are 700,000 applications for NTA(notice to appear) and by the time the whole backlog is cleared it will take more than an year. 

As per the rule, the H1B holder has to remain in the US till his date arrives so during this time, how would he be able to sustain maintaining his family and medicare expenses while not being able to work? In case a H1B holder breaks the rule and leaves US voluntarily he would be subjected to a 6 year ban. There are potentially thousands of people who would be affected if you count their families etc. What if the H1B holder has a let's say 15 year old who's a US citizen, once the H1B holder is subjected to the 6 year ban his family would be banned as well from coming back for a period of 6 years. But since the kid would be a US citizen and would turn 18 in 3 years he should be able to come, but if this rule denies the kid from coming back to the US before the 6 year ban isn't that a violation of his rights as a US citizen? 

Can someone explain what happens in such a scenario? 

all it takes is one such son to file a lawsuit, i dont think the bar applies to citizens even if current admin tried to enforce it on citizens

citizens do not come under deportation proceedings unless denaturalized

i read somewhere its 5 yrs bar not 6 yrs

my guess is the defendant can file a case in US and then leave when NTA is issued under his name, it may not be clear yet, but it does make sense that there will be some provisions to let go when they are willing to come back during trial

how can one survive without a job

[Android_Halwa]

2 minutes ago, tennisluvr said:

This might be the real reason actually

The kid might be 21 and willing to sponsor their dad/mom who had to return back to the home country because their h1b is rejected. With an h1b rejection, they have already accured 3-4 days of illegal presence in the country which will make the parents ineligible to enter the country even if the kids are willing to sponsor. 

I don't think green card application will successfully be processed when we have accrued illegal presence in the country and an NTA been issued. That's a classic reason for USCIS not to issue a green card for the beneficiary and remember, with this USCIS has ultimate authority to deny the case with no legal action. I mean, even if we go to court, this NTA and illegal days will act against us.

[Android_Halwa]

Saying so, these rules will not be here for long.

These rules have not followed the rulemaking procedure and the chances o these rules getting stricken down in court is very high.....May take another 4-6 months for the issue to reach court and for a verdict to come but by then, there would be initial casualties which would be the most unlucky group of people in USA. 

[Android_Halwa]

2 minutes ago, srdh21 said:

all it takes is one such son to file a lawsuit, i dont think the bar applies to citizens even if current admin tried to enforce it on citizens

citizens do not come under deportation proceedings unless denaturalized

i read somewhere its 5 yrs bar not 6 yrs

my guess is the defendant can file a case in US and then leave when NTA is issued under his name, it may not be clear yet, but it does make sense that there will be some provisions to let go when they are willing to come back during trial

how can one survive without a job

One such kid can file a lawsuit....but remember, an NTA has been issued and it will always act against you.