Foreigners in the US who want a green card will need to leave and apply in their home country, the Trump administration has announced, in a surprise change to a longstanding policy.
For more than half a century, foreign nationals with legal status have been able to apply for and complete the entire process for permanent residence in the United States – including individuals married to US citizens, holders of work and student visas, and refugees and political asylum seekers, among others.
The announcement from US Citizenship and Immigration Services (USCIS) said foreigners who are in America temporarily and who want to apply to become lawful permanent residents, or green card holders, have to return home and apply there, except in “extraordinary circumstances”.
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“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” the agency said in a statement on Friday, local time.
It is the latest step by the Trump administration to make legal immigration more difficult for foreigners already in the US and for those hoping to come to the country.
“The goal of this policy is very explicit. Senior officials in this administration have said over and over that they want fewer people to get permanent residency because permanent residency is a path to citizenship and they want to block that path for as many people as possible,” said Doug Rand, a former senior advisor at USCIS during the Biden administration.
Rand said about 600,000 people already in the US apply each year for a green card.
USCIS did not say when the change would come into effect, whether individuals would be required to remain in another country throughout the entire process, or whether the policy impacts foreigners whose green card applications are already under way.
In an emailed statement to the Associated Press the agency said people who provide an “economic benefit” or “national interest” could likely stay in the US while others would have to go abroad to apply.
The changes come on top of steps the administration has already taken to restrict and limit entry for people from dozens of countries.
USCIS described the change as a return to “the original intent of the law” and closing a “loophole”.
But immigration lawyers and aid groups pushed back, saying it was longstanding practice for many groups to be able to adjust their status in the US.
“USCIS is trying to upend decades of processing of adjustment of status,” said Shev Dalal-Dheini from the American Immigration Lawyers Association.
“This all applies very broadly to anyone seeking a green card”.
Among those affected could be individuals married to US citizens, immigrants with humanitarian protection who are applying for a green card, and holders of work visas – including doctors and professionals – as well as student and religious visa holders, the lawyer noted.
