New USCIS policy requires green card applicants to return to their home countries for processing, raising concerns about family separation and the impact on legal immigration.
A recent policy change announced by the Trump administration has introduced significant challenges for immigrants seeking green cards. According to a new memo from U.S. Citizenship and Immigration Services (USCIS), applicants will now be required to return to their home countries to process their adjustment of status applications, except in extraordinary circumstances. This unexpected shift from a longstanding policy has triggered confusion and concern among immigration advocates, legal experts, and affected individuals.
The memo explicitly states, “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.” Immigration officers are instructed to evaluate individual cases to determine eligibility for any exemptions.
This announcement marks the latest effort by the Trump administration to tighten legal immigration pathways for individuals already residing in the U.S. and for those seeking to enter the country. The changes add to previous measures aimed at limiting entry from numerous countries, with some facing complete travel bans and others experiencing significant delays in visa processing.
For over five decades, individuals legally residing in the U.S. have been able to apply for and complete the process to become permanent residents. This includes spouses of U.S. citizens, holders of work or student visas, refugees, and asylum seekers, among others.
World Relief, a humanitarian and refugee resettlement organization, has criticized the new policy, stating that it creates a “Catch-22” situation for non-citizen family members. They argue that requiring these individuals to return to their home countries to process immigrant visas could lead to indefinite family separations.
Rep. Grace Meng (NY-06), Chair of the Congressional Asian Pacific American Caucus (CAPAC), expressed her disapproval of the memo, stating, “The Trump administration is once again proving that they are not going after the ‘worst of the worst.’ Instead, they are blatantly attacking legal immigration, with family separation at the center of its agenda.” She emphasized that the new policy could tear families apart, particularly affecting immigrants from over 100 countries impacted by the administration’s visa and travel bans, including many in Asia.
USCIS spokesman Zach Kahler defended the policy change, asserting that it restores the “original intent of the law.” He explained that applicants must complete the process through the Department of State at a U.S. consulate outside the country, which is designed to ensure proper use of the immigration system. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes,” he stated. By requiring applicants to apply for green cards from their home countries, the government aims to reduce the number of individuals who remain in the U.S. illegally after their residency applications are denied.
Kahler further noted that nonimmigrants, such as students and temporary workers, come to the U.S. for specific purposes and should leave when their visit concludes. He emphasized that the immigration system is not intended to facilitate a pathway to permanent residency for those on temporary visas.
According to USCIS, adhering to the law means that most cases can be managed by the State Department through U.S. consulates abroad. This approach would also allow USCIS to concentrate its limited resources on other critical cases, such as visas for victims of violent crime and human trafficking, as well as naturalization applications.
While the memo did not clarify whether applicants would need to remain outside the U.S. throughout the entire process or how it would affect individuals with pending green card applications, the policy is likely to impact many already living legally in the U.S., including spouses of U.S. citizens and those with humanitarian protections. Given that the green card process can take years, this change could lead to significant disruptions for applicants and their families.
Rep. Meng labeled the policy as reckless, stating, “Students, researchers, entrepreneurs, and other temporary visa holders who followed the law and built their lives in the United States would be forced to abandon their livelihoods in order to apply for permanent residency.” She criticized the policy for demonstrating a “stunning disregard for the human cost it will impose on hundreds of thousands of people each year,” pledging to pursue every avenue to challenge this decision and advocate for its reversal.
This new directive from USCIS represents a substantial shift in immigration policy, raising serious concerns about its implications for families and the future of legal immigration in the United States.
According to AP News, the ramifications of this policy could be profound, affecting countless individuals and families navigating the complexities of the U.S. immigration system.