> I feel like I’ve said it a few times but - Yes, exactly. The country wants you to leave and then get’s to decide if you can come back. That’s how it’s designed. On purpose.
That is how it's designed, and that's fine.
But make a decision... They're pausing the decision making for an indefinite amount of time. That's not how it was designed, but it sure does look like that's on purpose.
That's on purpose too. To send a clear signal that we don't want you. It's just a mobster way of doing it.
It's not a mobster way, more like a weasel way. The reason it is a weasel's move is because decisions at the consulate are made by consular officers who are career public workers and won't deny visas for arbitrary reasons. That is bad for the political leadership because they just don't want to issue visas. So they need to invent evasive moves to throttle the pipeline by adding trainings, background checks, and other bogus bureaucratic hurdles.
> The reason it is a weasel's move is because decisions at the consulate are made by consular officers who are career public workers and won't deny visas for arbitrary reasons.
No? Visa can be denied for arbitrary reasons based on what executive branch of US. there have been multiple cases where it has been clear that visas are a privilige not a right. Visa needs a reason to be granted, by default it is denied.
No, you are confusing discretion with whims of the executive branch. Consular officers have discretion to adjudicate the applications and they can deny them for reasons prescribed in the INA. Those decisions are not reviewable. They are still supposed to follow their training, the FAM, and the INA in making the decisions. If Rubio sends an email to the consulates that says, "deny all visas", that would be illegal as a matter of policy and will be overturned by the courts under the APA. Note that 212(f) (aka Muslim ban from Trump v. Hawaii) gives discretion to the president to bar entry into the country, not visa adjudications. Visa adjudications require individualized determination by the consular officer.
Pause is a silly way of saying No for now. You can try again later. But they’re not advising when that may be happening. To me, that tells you everything you need to know. That they don’t know themselves because it’s to be determined, maybe. Until then, no.
> You can try again later.
Can they? Because one of the questions on these questionnaires is almost always 'have you had a prior request being denied'.
> But they’re not advising when that may be happening. To me, that tells you everything you need to know.
These are life altering decisions for people that might have put decades into doing their best for the US. This is not about what to have for dinner.
This causes a LOT of uncertainty and chaos for no real reason. If they're so convinced it should all be denied, then issue those denials so they can be challenged.
So maybe you have stated a reason a pause is better than an explicit no. No history of a denial is maybe a better thing.
I get the human component but I can separate that from policy. I have my own risk assessment on it and it’s that I couldn’t imagine ever making any material investment financial or community in a place like this. I’ve thought about doing the digital nomad thing in the past, and I don’t think anyone would be surprised if some random South East Asian country did this same thing and nobody would bat an eye. It to be expected that other countries can have wavering policies, it’s when the US does it that people cry about the humanity of it.
I don’t think it would have hurt much to put some advanced warning out there. Let people plan for it. But I also know that probably has some blow back towards the intended outcome of this.
Also, I don’t think you can challenge a blanket policy. I haven’t really dove into this but it doesn’t sound like they’re making any exceptions.
The current administration loves creating chaos and uncertainty. Exactly why this should be less of a surprise to those that know how things work and that they may actually get locked out. Anyone who reads even just the headline of this and is perplexed by it has been living under a rock. To me, it is 100% on brand.
They did make a decision? The current decision is no, that’s what it means to pause applications.
I don't think you understand anything about an immigration process.
All these cases are meticulously documented. So not making a decision is not at all the same as a 'no'.
A 'no' you can challenge, a pause not so much. They probably cannot and don't want to actually deny all those applications as they'll be in hot water really quick. So this is just the childish, not wanting to really own it, way of trying to achieve the same result.
I'll pause on the response for now since the condescension is not warranted.
A pause is different from a refusal which is different from a denial. They have different legal ramifications. It's a Kafkaesque hellscape.