• Mossy Feathers (They/Them)@pawb.social
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    7 days ago

    The 6-3 ruling penned by Trump appointee Amy Coney Barrett in Department of State v. Muñoz held that a citizen has no “fundamental liberty interest in her noncitizen spouse being admitted to the country,” denying a couple’s plea after a U.S. citizen’s husband was denied a visa.

    Hold the fuck up, I thought visas were basically guaranteed to those married to US citizens. This seems like a pretty big deal, so why haven’t I heard more about it?

    • funkless_eck@sh.itjust.works
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      5 days ago

      As someone who emigrated to marry an American - this judgement is in line with my experience. The process was long, difficult, often in jeopardy (I almost couldn’t get on the plane because in the week before I left for the US they were quibbling whether my use of antidepressants for a year which ended 6 years prior counted as disqualification criteria on public health grounds).

      Then, the visa is strictly, only to fly to the US and get married, it doesn’t cover staying in the US or working in the US, those are separate processes.

      I emigrated in my early 30s as a white, professional male born and raised in England.

      • That’s fucking dumb. How long ago was that? The antidepressants thing is particularly upsetting. We shouldn’t be turning people away if they’ve ever been on antidepressants (or are currently on antidepressants); I mean, it’s not like we get free government healthcare or anything. I’m sorry you had to deal with that. That sucks.

        • funkless_eck@sh.itjust.works
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          4 days ago

          Started immigration paperwork in nov 2016, final move date April 2018, got green card Dec 2018.

          It is dumb, but also I see that the line of doctors, lawyers, officials, bureaucrats all have a job to do and so are probably just trying to do something, in a job that likely has a lot of pressure to find reasons to turn down applications - both from internal factors and societal.

    • protist@mander.xyz
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      7 days ago

      You haven’t heard more about it because it was released just a few hours ago. They saved this one for Friday evening.

      • sp3tr4l@lemmy.zip
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        7 days ago

        The Republicans are also quite keen to end birthright citizenship, ie, if you are born on US territory, you are a citizen.

        I guess they’ll be attempting to make it so you have to born on the territory to … probably two, not one, existing citizens.

          • corsicanguppy@lemmy.ca
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            5 days ago

            Current archaeology has identified not one but two previous periods where humans lived in present-day America before the current ‘first’ nations. The last group, immediately before the current one, died suddenly and with tool marks showing on the long bones.

        • jumjummy@lemmy.world
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          5 days ago

          Unfortunately this also allows for wealthy people to participate in “birth tourism”. So many wealthy couples from China come to the US when pregnant just to have a child born in the states. I’m sure this is prevalent from many other countries as well, but I’ve seen first hand these couples from China.

          No other country allows for such an easy path to citizenship.

          • corsicanguppy@lemmy.ca
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            5 days ago

            I’m sure this is precedent from many other countries

            A section of a hospital in Canada was declared British soil (again) so that when a princess was born she was in England.

            So we’ve had the reverse.

          • nilloc@discuss.tchncs.de
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            5 days ago

            So if those kids move back to China after getting US birth certificates and social security numbers, do they then pay US income taxes for the rest of their lives?

            Are there any hard numbers on this practice?

            • Mossy Feathers (They/Them)@pawb.social
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              5 days ago

              I’d assume they’d be required to pay taxes once they’re old enough to, but I’d be willing to bet that most of them don’t unless they plan to ever actually move to the US.

              I wonder how often the IRS actually goes after American citizens who don’t live in the US, especially ones that haven’t traveled to the US in more than 5+ years.

              Edit: they might also be completely unaware that they need to pay taxes. If I’m not mistaken, the US is literally the only country in the world that requires you to pay taxes when living abroad. Logically speaking, it makes sense that you wouldn’t have to pay taxes to a country you don’t live in.