The United States government, under President Donald Trump, announced a significant change affecting foreign nationals who wish to apply for permanent residency. These individuals will now need to leave the US and submit their applications from their home countries. This change has surprised many, creating confusion and concern among aid groups, immigration lawyers, and the immigrants themselves.
For over fifty years, foreign citizens with legal status have been able to apply for and complete the entire process of gaining permanent residency within the United States. This included people married to US citizens, holders of work and student visas, refugees, and political asylum seekers.
The United States Citizenship and Immigration Services (USCIS) stated that foreign nationals temporarily in the US, wanting to become legal permanent residents, known as green card holders, must return to their country of origin to apply except in ‘extraordinary circumstances.’ However, further details on such conditions were not provided. USCIS officials will assess if applicants meet these criteria.
The agency mentioned, ‘Non-immigrants, such as students, temporary workers, or tourist visa holders, come to the US for a short period and specific purpose. Our system is designed for them to leave when their visit ends. Their stay should not serve as the first step in the green card process.’
This announcement aligns with Trump’s administration’s efforts to tighten legal immigration for those already in the US and those planning to come. Around 600,000 people in the US apply for a green card each year, according to Doug Rand, a former senior advisor at USCIS under President Biden.
The announcement did not specify when the change takes effect nor if it’s applicable to those with pending applications. However, the agency indicated that individuals contributing to ‘economic benefit’ or ‘national interests’ might remain in the country, while others must go abroad to apply.
Recent policy changes have already complicated entry and visa processing for individuals from many countries, with some facing entry bans or pauses in visa processing. Experts warned that requiring people to return home to apply could prevent them from returning. World Relief, a refugee resettlement organization, noted it could create indefinite family separations if immigrant visas are not processed in their home countries.
The USCIS describes the change as reverting to the ‘original intent of the law,’ closing a legislative ‘loophole.’ However, immigration attorneys and aid groups oppose this view, citing security and logistical challenges many individuals face when returning to their home countries. For instance, the US Embassy in Afghanistan has been closed since August 2021, after the US withdrawal from the country.
Shev Dalal-Dheini from the American Immigration Lawyers Association pointed out this broad policy could affect those married to US citizens, humanitarian protection applicants, and work visa holders, including medical and professional individuals, as well as students and religious visa holders.
The wait for visa appointments in US consulates abroad can already be over a year. Immigration lawyers are currently evaluating the policy memo to understand its implications.
Organizations providing legal aid to immigrants voiced concerns, with clients anxious about the impact of these new guidelines. Jessie De Haven of the California Immigration Project mentioned the uncertainty surrounding the policy’s application and the potential deterrence it could pose for applicants.