The Trump administration has unveiled a policy aimed at making it more challenging for immigrants already in the U.S. to acquire permanent residency, commonly known as a green card. This aligns with their broader goal of significantly curtailing legal immigration.
Officials announced the removal of the option for many immigrants to complete the green card process domestically. Instead, these individuals will need to return to their home countries to apply for an immigrant visa through an American consulate.
U.S. immigration experts indicate this change will impact various groups, including students, tourists, and others holding temporary visas. Those who entered legally but overstayed their visas will also be affected. They will need to leave the U.S. to secure a green card through sponsorships by U.S. citizen spouses or employers.
Returning home poses challenges for numerous immigrants who may find it hard or impossible to revisit the U.S. Citizens of 39 countries, mainly in Africa and Asia, currently face bans or entry restrictions under a proclamation signed by President Trump on national security grounds.
Another policy implemented by the Trump administration halted immigrant visa grants for individuals in 75 countries aspiring to move to the U.S. permanently, suggesting they could become economic burdens. Furthermore, those overstaying visas and residing unlawfully could trigger 10-year reentry bans upon leaving.
Michael Valverde, a former senior official at U.S. Citizenship and Immigration Services, remarked that the announcement could disturb plans for numerous families and employers annually. He labeled the move unprecedented, significantly impacting lawful immigration.
The USCIS memo states that obtaining a green card through the ‘adjustment of status’ is now considered an extraordinary relief. This adjustment process allows immigrants presently residing in the U.S. to attain a green card without needing to go abroad for a consulate visa application.
Officers were instructed to view the adjustment of status as unfavorable in applications compared to the consular process overseas. While exemptions weren’t precisely outlined, visas with ‘dual intent,’ such as H-1Bs for high-skilled workers, refugees, and asylees, are anticipated to still apply via the adjustment process domestically.
“Aliens in the U.S. temporarily desiring a Green Card must return home to apply, barring extraordinary circumstances,” stated USCIS spokesperson Zach Kahler. “This policy ensures our immigration system operates as intended by law and mitigates incentive to exploit loopholes.”
Kahler mentioned the policy aims to reduce the need to locate and deport those remaining illegally post-denial of residency.
Furthermore, Kahler suggested green card applicants offering economic benefits or serving the national interest might be permitted to complete their processing without leaving the U.S.
Doug Rand, a former senior USCIS official, noted these changes could affect numerous cases, given that half a million individuals obtain green cards annually through adjustments of status. Spouses of U.S. citizens on temporary visas might face significant hardships due to these revisions.
Rand expressed concern about individuals potentially trapped overseas. He explained challenges faced by those who marry U.S. citizens but upon leaving, may struggle to return due to restrictions on multiple countries.