Effects of Biden Presidency on Fiancee, Spouse + Green card Immigration

http://imm.guru/gen113biden Here’s the VisaCoach forecast of what’s going to happen after President-Elect Biden takes office to affect US immigration procedures and policies, especially how that affects marriage based immigration such as k1 fiance visas, CR1 and IR1 spouse visas, and adjustment of status to permanent residency after marriage.

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President Trump promised a "Wall" to reduce immigration. While only partial progress on a concrete and steel wall was accomplished, great strides were made in limiting legal immigration via a paper wall of stringent policies that greatly increased the complexity and difficulty of passing through the immigration process.

President-Elect Biden has yet to take office, however I do expect that within the first hundred days of his taking office, deliberate executive action will be taken in an attempt to unravel the "Trump effect" on immigration.

This is GOOD news.

President Trump vowed to reduce immigration. And he was successful. Over 450 executive and administrative adjustments, both major and subtle, were made to toughen immigration rules and procedures. He instituted extreme vetting, where all applicants are more highly scrutinized than ever before, Banned entire countries from being allowed visas to the USA, added tighter Public Benefits eligibility requirements which created a virtual “wealth test”, and instituted a pervasive organization wide culture change in the way that USCIS views and treats immigrants.

United States Citizenship and Immigration service (USCIS), once viewed immigrants as its clients, to be served. It’s officers traditionally believed they were following a pro-immigrant, humanitarian mission. The mission was to help refugees escape persecution, American Companies bring in needed talent, and reunify families with their loved ones.

Many officers initially joined USCIS in order to pursue that noble mission. In the recent four years many of these same officers, disillusioned, have resigned, as under Trump, the priorities changed from helping eligible immigrants come to the USA, to finding ways to keep them out.

In 2018, under the Director selected by Trump, USCIS’s official mission statement was drastically altered. Removed were references to a "nation of immigrants" and to immigrants as "customers" whom the agency serves. Now the mission statement basically reads "enforce immigration laws". Immigrants are no longer customers, now they are suspects. USCIS’s Budget for fraud prevention and detection doubled between 2016 and 2020

Here’s my forecast of what’s going to happen after President-Elect Biden takes office..

#1 New USCIS Director

To reverse the current "anti-immigrant" culture at USCIS will require a top down management change. That will start when President-elect Biden chooses a new director of USCIS, and assigns him or her the mandate to return USCIS to it’s prior mission of treating immigrants as clients, not adversaries, and working towards assisting them navigate lawful, and proper immigration. With new top down guidance, USCIS should relax it’s restrictionist “extreme vetting” and move to return to its earlier, more Humanitarian mission.

#2 End of Immigrant Harassment

While detailed and proper screening of applicants is reasonable, unfortunately in recent years the application review process has deteriorated from normal and expected due diligence into in essence, in many cases, deliberate harassment. Requests for evidence ( RFE’s) were frequently issued for non-material reasons.

Cases were denied for similarly trivial issues such as leaving fields that were not applicable, blank. Or incorrectly writing not applicable as NA vs N/A.

Revised Forms with no real modifications, would be announced and instead of giving adequate time usually one or two months for applicants to change over to the new versions, only One, single, day notice was given. And the applications that were already in the mail which had used the earlier nearly identical version, and which was the correct one to use on the day of mailing, were rejected.

Cases that previously would not require an interview, would be held and delayed many months awaiting availability of already overworked and limited interviewing staff.

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