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Comment by ryan_j_naughton | Hacker News Reader

> The article is extremely light on details but fact he doesn't have a Green Card/Lawful Permanent Resident yet would indicate that at some point of his time in United States, he was illegally present, probably for a while.

That is absolutely false. I know many people who have lived legally in the USA for many many years with valid visas and have intentionally never pursued a green card. Two people come to mind including one who has over 20 years the US on valid visas -- she intentionally never pursued the green card despite both (a) being married to an American and (b) being legally able to get the green card.

Some of them are now pursuing green cards only because of federal government's immigration enforcement not only going after illegal immigrants or criminals but clearly and intentionally pursing immigrants in general -- even those who are legal and without any criminal history.

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From my understanding on this issue, spouses of US citizens are handed a green card after paperwork is shuffled, there is no pursuing it.

When discussing this with friends, multiple spouses have pulled out green cards and only newly weds had anything else but green card. She showed her passport with some form attached to it.

Also, I did dig up the court filings: https://habeasdockets.org/media/documents/71921787/004_18103...

Yes, he was here unlawfully (Admitted as tourist and overstayed) for a period but due to his marriage, he on path to Green Card.

>From my understanding on this issue, spouses of US citizens are handed a green card after paperwork is shuffled, there is no pursuing it.

This is incorrect. You do need to pursue it. Just because your friends did pursue it once they were able to, doesn't mean it is automatic. One needs to decide if they want to get their green card or not once they are married to a US citizen.

And it costs thousands of dollars.

Which is (or was) a good deal, but hardly a formality.

I emphasize that I'm not defending the Trump regime, but do you know this friend well enough to be confident that she would tell you if her visa situation didn't check out? It would be extremely hard to stay in the US for 20 uninterrupted years on valid visas without permanent residency. O-1s are theoretically indefinite but require yearly renewal, and all of the other common visas I know of have maximum durations below 10 years.

Yes, I am 100% certain of what I said. These individuals have had valid visas in the US and been here for 10-20 years and intentionally have never become green card holders.

One was on a student visa for undergrad and then a student visa for masters for 6 years total (4 for undergrad and 2 for masters), then on a G4 diplomatic visa while working at the World Bank for 5 years, then back to a student visa for 5 years pursuing a PhD, then back to a G4 Diplomatic visa for 6 years while working at the World Bank. This person married an American about 10 years ago and still never pursued a green card out of choice.

Another was on a G4 diplomatic visa while working at the IDB for 3 years, then a student visa for 5 years while pursuing a PhD, then a visa while working at the Federal Reserve for a number of years (not sure of which, but either H1B or J1), and then on a G4 diplomatic visa while working at the IMF.

Of course, these are not your typical situations for the average immigrant. Admittedly, I live in a bit of a bubble surrounded by economists in Washington DC from the World Bank, IMF, IDB, etc who are mostly on G4 diplomatic visas.

My point is it is still possible and one shouldn't presume.

So basically you played "Well Ackwually" card when you knew that path is not available to 99.9% of immigrants.

You can presume when you read the article and realize he was working in blue collar trade so your experience does not apply.

EDIT: And they would likely transition to Green Cards the second that their work visas expired.

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