The Trump administration is attempting to clarify a recent immigration policy change following strong backlash. This change sparked fears that many green card applicants would have to leave the U.S. to continue their cases.
Last week, the U.S. Citizenship and Immigration Services (USCIS) announced guidance that seemed to restrict the ‘adjustment of status’ process. This process lets immigrants sponsored for a green card by employers or relatives remain in the U.S. during their application. The new directive appeared to mandate that applicants return to their home countries, barring extraordinary circumstances.
The initial announcement alarmed immigrants, business groups, and immigration lawyers. They worried this would compel many to exit the U.S. and potentially face entry barriers due to existing travel restrictions. These concerns prompted a response from the Department of Homeland Security (DHS) over the weekend.
The DHS stated the guidance merely restates ‘longstanding law and policy.’ The department assured that ‘the policy will not prevent any alien from obtaining a green card who legitimately and properly qualifies.’
DHS emphasized that while some applicants would need to apply at a U.S. consulate abroad, this would not affect highly qualified applicants who benefit U.S. economic interests.
Lynden Melmed, former chief counsel at USCIS, remarked on the DHS’s effort to limit the guidance’s scope. Despite clarification efforts, the process might remain ‘burdensome’ for applicants, requiring extensive evidence to stay in the U.S. He noted the administrative confusion stemming from inconsistent messaging.
Melmed noted that this underlying policy could still hinder legal immigration processes, though the administration is easing its communication tone.