The Trump administration unveiled a new policy aimed at complicating the path to permanent residency for immigrants currently in the U.S. This move aligns with an ongoing effort to significantly reduce legal immigration.
Under the new directive, many immigrants will no longer have the option to apply for a green card while remaining in the U.S. Most will now need to return to their home countries and apply for an immigrant visa through a U.S. consulate abroad.
Experts suggest this change could affect various groups, including students, tourists, and those who overstayed visas. Immigrants who have stayed in the U.S. legally but have overextended their visas must leave before seeking green card sponsorships from U.S. citizens or employers.
Returning home poses challenges, including potential bans or restrictions for re-entry. Citizens from 39 countries, primarily in Africa and Asia, face bans under the “travel ban” signed by President Trump. Another policy halts immigrant visas for individuals from 75 countries, claiming they might become economic burdens. Those who have lived in the U.S. unlawfully for some time risk a 10-year reentry ban upon departure.
Michael Valverde, a former senior official at U.S. Citizenship and Immigration Services (USCIS), stated that the policy could cause significant disruptions for families and employers annually. “This is largely unprecedented and will limit lawful immigration to a great extent,” Valverde noted, warning of the uncertainty faced by those following legal procedures.
The USCIS memo limits the “adjustment of status” process, traditionally used by eligible immigrants to gain permanent residency from within the U.S. The memo classifies this as an “extraordinary” relief and an “administrative grace,” suggesting most green card applications should be processed abroad.
Although exemptions remain undefined, individuals on “dual intent” visas, like H-1Bs, as well as refugees and asylees, can still apply for green cards through the adjustment process.
“From now on, an alien in the U.S. temporarily wanting a Green Card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesman Zach Kahler stated.
Kahler mentioned that the policy aims to reduce incentives for those who might choose to stay in the U.S. illegally after residency denial.
Doug Rand, a former USCIS official, highlighted the potential impact on half a million cases annually, involving those applying through the adjustment of status. U.S. citizens’ immigrant spouses, especially those on student and temporary visas, could be significantly impacted.
“The primary impact will make it hard for many U.S. citizens to continue their lives with spouses they’ve legally married,” Rand commented.
Rand also pointed out the dilemma many might face, being detained abroad. Certain countries, like Iran and Russia, may not allow reentry under the Trump administration’s regulations.