Change in Green Card Application Process Could Impact Over a Million Residents
U.S. Citizenship and Immigration Services (USCIS) announced on Friday that recent policy changes will require individuals with temporary visas seeking to obtain a green card to return to their home countries to complete the application process. This significant alteration could affect more than one million individuals currently residing in the United States.
USCIS spokesperson Zach Koehler emphasized that the immigration system is designed for nonimmigrants—such as students, temporary workers, and tourists—who are in the U.S. for specific, limited purposes. He stated that their visits should not be considered the first step in the path to permanent residency.
While Koehler did not specify whether this new directive will influence individuals with pending green card applications, he argued that the policy aims to uphold the law and discourage loopholes in the immigration system. He noted that processing applications from home countries would reduce the likelihood of individuals remaining in the U.S. without legal status after being denied residency.
Critics, including immigration attorneys, have taken to social media to express concerns about the implications of this decision for the thousands of individuals who seek permanent residency each year. Many lawyers have challenged the characterization of the new policy as merely reiterating existing law, pointing out that a substantial number of legal immigrants have transitioned from temporary to permanent resident status since 1980.
Eva Gollinger, an immigration attorney based in New York, insisted that adjustments to immigration status made while already residing in the U.S. do not constitute a loophole. She cited specific dual-purpose visas, such as the O-1 and H-1B, which allow holders to live in the United States while simultaneously applying for permanent residency.
The announcement raises additional questions regarding its effects on individuals from countries subject to travel bans or other visa freezes implemented by the Trump administration. As stated in the announcement, many individuals may find themselves compelled to leave their families, homes, and jobs for weeks or even months, incurring significant expenses over the process.
Human rights lawyer Maria Cali highlighted the drastic nature of this policy change, noting that individuals who have legally entered the country may now be forced to abandon their established lives if they wish to obtain a green card. She also warned that departing the U.S. could subject some to a three- or ten-year ban on re-entry.
Legal experts, including Charles Cook, a prominent immigration lawyer in Atlanta, anticipate potential litigation in response to this policy change, citing violations of several sections of the Immigration and Nationality Act and the Administrative Procedure Act. This announcement coincides with a broader trend of reduced grants of legal permanent residency under the Trump administration, affecting various categories of applicants, particularly in humanitarian contexts.
The Cato Institute has reported that the suspension of processing for many applications not only hinders individuals from securing lawful permanent resident status but may also lead to the loss of existing legal statuses. USCIS’s recent pronouncement appears to be a concerted effort to reinforce restrictions within the immigration system while facilitating enforcement actions by ICE.
