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Changes in Green Card Issuance and Impact on Immigrants in the U.S.

4 weeks ago 0

A recent analysis reveals a significant trend in green card distribution. More than half of the green cards issued in recent years went to immigrants already residing in the United States. The Pew Research Center examined data from the Department of Homeland Security (DHS) and found that a shift could occur under the Trump administration’s new policy.

Policy Changes and Potential Impact

The new policy grants the U.S. Citizenship and Immigration Services (USCIS) greater authority to require applicants to apply from their home countries. This change could impact hundreds of thousands of people. In the fiscal year 2024, around 1.36 million green cards were issued, and about 58 percent were for individuals already in the U.S., often relatives of citizens or those with work visas.

Sahana Mukherjee, associate director of race and ethnicity research at Pew, explained that most green card recipients were already living in the U.S. The May 22 USCIS memo emphasized the discretionary nature of the adjustment of status (AOS). If more applicants must process their applications in their home countries, a significant number of cases will be affected.

Confusion Over Green Card Policy Changes

There remains confusion over the policy changes, as reported by attorneys, applicants, and experts. Sharvari Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association (AILA), emphasized a lack of clear public guidance from the government.

Dalal-Dheini noted that information is often shared in a fragmented manner, which hinders transparency. Stakeholders remain cautious, as there is no official word yet on how the policy will be applied.

Attorneys have observed varying practices by USCIS officers, with some applicants questioned about their residency status or warned of potential application denial. The process can differ based on the type of application, location, and the officer handling the case, according to Elissa Taub, a partner at Siskind and Susser immigration law firm.

Trends in Adjustment of Status Usage

Data from DHS under the Biden administration showed that between October 2023 and September 2024, USCIS issued 1,356,760 green cards. Out of these, 782,770 were through AOS rather than new arrivals. Asylum-seekers and refugees see most of their green cards issued while in the U.S. In contrast, family-sponsored and diversity applicants typically have their green cards issued abroad.

The Trump administration’s policy has caused confusion for work visa holders and immediate relatives of U.S. citizens. More than 60 percent of these applications are processed through AOS. In 2024, Cubans received the most AOS green cards, with 87 percent issued this way.

Other nationalities heavily using AOS include Mexicans, Venezuelans, Chinese, and Brazilians. Many Mexicans apply as immediate relatives of U.S. citizens, traditionally processed within the U.S.

Long-Term Implications of Policy Shift

A primary concern with USCIS’s announcement is the potential wait time for immigrants who must return to their home countries for consulate-based approvals. The Trump administration maintains that the policy enforces existing laws, despite criticisms that it disrupts the lives of those living and working in the U.S. for years.

Since 2000, more than half of green card applicants utilized AOS. In FY 2024, 58 percent of green cards were issued through AOS versus 42 percent to new arrivals.

Pew and other groups warn that the USCIS policy may restrict AOS options. A DHS spokesperson clarified that the updated policy won’t prevent green card approval for those who qualify legitimately. Adriel Orozco from the American Immigration Council stressed the legality of AOS and criticized the creation of fear and uncertainty.

While USCIS has tried to mitigate concerns, a lack of formal guidance keeps many guessing about the policy’s application and who will be most affected.

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