The Trump administration announced a major change affecting foreign nationals seeking permanent residency in the U.S. They now must apply from their home country, creating concern among assistance groups, immigration attorneys, and immigrants.
For over fifty years, foreigners with legal status, including those married to U.S. citizens, visa holders, and refugees, completed green card applications while in the U.S. The new policy by the U.S. Citizenship and Immigration Services (USCIS) requires applicants to return home to apply unless ‘extraordinary circumstances’ exist, a term the agency has not clearly defined. The policy shows the administration’s efforts to make legal immigration more challenging.
Every year, approximately 600,000 individuals already in the U.S. apply for a green card. Doug Rand, a former senior advisor to USCIS under Biden, stated that the administration aims to reduce the number of people gaining permanent residency and a pathway to citizenship.
USCIS has not specified when the policy will take effect or if it applies to current applicants. However, those contributing to economic benefit or national interests might be exempt from leaving.
The policy has raised concerns about family separation, especially for those from countries with restricted visa processing or no operating U.S. embassy, like in Afghanistan.
Immigration lawyers and support groups argue that adjusting status in the U.S. has been standard practice because returning home may not be safe or feasible. Shev Dalal-Dheini of the American Immigration Lawyers Association criticized the change as overly broad, impacting many, including those married to U.S. citizens and various category visa holders.
Long wait times at U.S. consulates abroad compound the uncertainties. Legal aid organizations reported increasing anxiety among clients unsure of the new policy’s implications.
Jessie De Haven from California Immigration Project noted the difficulty in determining how the policy will apply, potentially deterring applicants from pursuing residency.