New U.S. Policy for Green Card Applicants Sparks Concerns

The U.S. government announced a new policy requiring foreigners seeking permanent residency to apply from their home countries. This marks a shift from the previous policy allowing applications to be completed within the U.S. The unexpected change was announced by President Donald Trump’s administration and has caused confusion and concern among immigrant assistance groups, immigration lawyers, and immigrants themselves.

For over fifty years, foreign nationals with legal status could apply for permanent residency while remaining in the U.S. This included married couples with U.S. citizens, work and student visa holders, and refugees and asylum seekers. The U.S. Citizenship and Immigration Services (USCIS) stated that foreigners temporarily in the U.S. must return to their home countries to apply for a green card. Exceptions may occur in ‘extraordinary circumstances,’ though details remain unclear. USCIS will determine which applicants meet these conditions.

‘Non-immigrants like students, temporary workers, or tourists come to the U.S. for a specific period and purpose. Our system is designed for them to leave when their visit concludes,’ stated USCIS. ‘Their visit should not be the first step toward a green card.’

The policy aims to make it more difficult for foreigners in the U.S. and those intending to come to obtain legal residency. Doug Rand, a senior advisor during the Biden administration at USCIS, emphasized that the goal is to reduce the number of permanent residencies, as they can lead to citizenship. Around 600,000 people in the U.S. apply for green cards annually.

The change’s implementation date, the requirement for applicants to remain outside the U.S. during the process, and its impact on current applicants remain unspecified. USCIS noted that individuals contributing an ‘economic benefit’ or serving ‘national interests’ may stay in the U.S. Others must apply from abroad, adding to existing restrictions on entries from various countries. Some face outright bans, while others deal with visa processing delays.

Experts caution that requiring applicants to return home could prevent their re-entry. World Relief, an aid organization, highlighted the potential for indefinite family separations if non-citizens have to apply from countries where immigrant visas aren’t processed.

USCIS described the new rule as reinstating ‘the original intent of the law’ and closing a ‘loophole.’ However, immigration lawyers and aid groups criticized the move, noting the long-standing practice of status adjustments within the U.S. Shev Dalal-Dheini of the American Immigration Lawyers Association highlighted that returning home isn’t always safe or possible due to embassy closures, as seen in Afghanistan since August 2021.

‘USCIS is trying to disrupt decades of status adjustment processing,’ Dalal-Dheini remarked. The rule affects wide-ranging groups, including spouses of U.S. citizens, humanitarian protection recipients, work visa holders like doctors and professionals, and student and religious visa holders. Appointments at some U.S. consulates abroad can take over a year.

Legal and support organizations for immigrants reported increased anxiety among clients about the new guidelines. ‘It’s difficult to ascertain how this will be applied,’ said Jessie De Haven of the California Immigration Project, which assists low-income immigrants. ‘It may discourage applications.’

This article was translated from English by an AP editor using generative AI technology.