US green card applicants will now have to return to home countries to apply, DHS says | US immigration
Foreigners seeking to change their immigration status in the United States to obtain a green card will have to do so from outside the country through the State Department, the U.S. Citizenship and Immigration Services (USCIS) said Friday, in a move criticized by humanitarian groups, policy analysts and immigration lawyers.
USCIS announced the decision in a policy notice, which directed officers to consider relevant factors and information on a case-by-case basis to determine whether extraordinary action was warranted.
The green card process has remained unchanged for more than 60 years, marking the last significant step taken by the Trump administration on immigration policy.
“A foreign national who is temporarily in the United States and wishes to obtain a green card must return to his or her home country to apply,” said the U.S. Department of Homeland Security (DHS), which oversees USCIS.
“This policy allows our immigration system to operate as intended by law instead of encouraging loopholes.”
More than 1 million immigrants in the United States are waiting for their green cards, according to a Cato Institute analyst.
People apply for a green card in two distinct ways: by applying at a U.S. consulate abroad, or by applying for a green card while already in the United States, which is called an “adjustment of status.”
With the new USCIS policy, many green card applicants in the United States will likely be forced to leave while their cases are processed – which will particularly impact mixed-status families across the country by forcing green card applicants to leave their jobs, homes, and relationships for an indefinite period of time. The agency is already struggling with a backlog in visa and green card applications.
It is unclear to what extent currently pending green card cases will be affected.
HIAS, a humanitarian group that provides services to refugees and other immigrant groups, said USCIS was forcing trafficking survivors and abused and neglected children to return to the dangerous countries they fled in order to process their applications for green cards granting them permanent residency in the United States.
The policy change announced Friday is the latest in a series of moves by Donald Trump over the past year to tighten immigration to the United States. Last year, the Trump administration moved to shorten visa terms for students, cultural exchange visitors and members of the media.
In January, the State Department announced it had revoked more than 100,000 visas under the second Trump administration. The administration has also attacked other immigrants with legal status in the United States, such as refugees and other protected immigrants.
Reuters contributed to this report
