alt Hacker NewsWhen I renewed my H1B visa (I think after three years), I had to leave the US to do it. I couldn't renew it from inside. The permission to work got renewed just fine - I could just keep on working for another three years - but if I left after the first visa expired, and wanted to come back, I would need a new _visa_ (thing stuck into my passport) to come back, and I could only apply for that while outside the country.
I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed.
When I applied for AOS form H1B to Green Card, I didn't have to leave the US. With this change, I would have had to. The only reason I can think for this change is that denials of AOS would now become unappealable. I hate this.
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This is just Trump trying to torture immigrants likely due to the psychopath Steven Miller.
In general the law applies equally to everyone associated with the US in any respect so you get due process (in theory) regardless. Specific laws may apply to different classes of people though (see 'enemy combatants').
> I read that it used to not be like this, that it used to be possible to renew the _visa_ itself from inside the US, but that got changed before my time. I can only imagine that the reason for that was that non-citizens inside the US are entitled to due process, but non-citizens outside the US are not. And denying a visa to somebody outside the US is therefore a lot easier than denying it to somebody inside the US, and essentially cannot be appealed
No, after 9/11 they passed a rule to always collect biometrics before issuing visas and validating them at border entry. The DoS facilities in the US did not have fingerprinting facilities but the consulates and embassies did, so they forced the change. Recently there was a pilot to allow it in the US itself.