Changes to Green Card Application Process Raise Concerns
WASHINGTON (AP) – Following the Trump administration’s recent announcement requiring green card applicants to apply from their home countries instead of within the United States, immigration attorney Flavia Santos Lloyd has been inundated with calls from anxious clients. They seek clarity on how these new regulations will affect their applications.
Lloyd finds herself in a challenging position, uncertain about what to advise her clients amidst the confusion surrounding the policy’s implications. She recognizes that this new directive will likely prolong the application process.
Implications of the Policy Shift
The U.S. Citizenship and Immigration Services (USCIS) revealed that foreign nationals currently residing in the U.S. and seeking a green card must leave the country to apply from their homeland, with some unspecified exceptions. This directive is anticipated to impact hundreds of thousands of applicants annually and reflects a continuation of the administration’s trend of introducing unexpected immigration policies that catch lawyers, advocates, and immigrants off guard.
According to immigration lawyer Charles Cook, this move seems primarily aimed at discouraging individuals from pursuing legal immigration paths. He predicts that legal challenges will emerge in response to these changes, describing the policy as a tactic to instill fear.
Uncertainty Surrounds Policy Implementation
There remains significant uncertainty about the practical effects of this policy, including the nature of the exceptions and how it will manifest in reality. Immigration law firms are receiving an influx of inquiries from concerned immigrants and their employers seeking guidance.
Many applicants have begun questioning the rationale behind requiring them to apply from outside the United States when they are already present in the country. Over the past fifty years, foreigners with legal status—including spouses of U.S. citizens, holders of work or student visas, and refugees—have been permitted to apply for permanent residency from within the U.S.
New Developments Causing Confusion
USCIS introduced its updated policy on its website, stating that foreign nationals temporarily residing in the U.S. wishing to obtain a green card must now return to their home countries, with exceptions granted only under specific circumstances. In clarifying its policy, USCIS indicated that only those demonstrating an “economic interest” or “national interest” would likely be permitted to apply within the U.S.
Temporary residents, such as students and certain workers, are expected to depart when their visas expire. Despite issuing a more detailed policy memo intended to assist staff with these applications, immigration experts have found the guidance to be complex and confusing.
Speculations on Targeted Applicants
Shehu Dalal Deini, senior director of government relations at the American Immigration Lawyers Association, suggests that this new guidance may disproportionately affect individuals who have overstayed their visas, including American parents whose visas have lapsed and employees on transfer visas. Mysteriously, it seems to target those whose lawful stay has expired.
However, Kevin Miner from the immigration law firm Fragomen believes that individuals holding employment-based visas, such as H-1B, may be exempt from these new requirements. Such visas are classified as dual intent, which allows nonimmigrants to pursue green cards, and they are noted in the memo as potential exceptions.
Immigrants’ Experiences Under New Guidelines
The American Immigration Lawyers Association has reported that applicants for green cards under the new rules are facing questions that were not previously posed. For instance, applicants are being asked why they chose to adjust their status within the U.S. instead of applying from their home countries. Some have reported being requested to provide documentation demonstrating their ability to remain in the U.S. without becoming a financial burden.
Immigration attorney Lloyd has proactively reached out to her clients—both corporate and individual—to keep them informed about the situation. She anticipates that the new policy will deter some employers from pursuing green cards on behalf of their employees, urging clients to remain calm while further clarifications are sought.
