The Trump administration has unveiled a significant policy shift requiring foreign Green Card applicants to leave the United States while their applications undergo processing.
This new directive affects individuals seeking permanent residency, including those currently in the U.S. on visas, work permits, or through marriage, who will now need to complete their applications from outside the country.
An estimated 1.2 million legal immigrants are expected to be impacted by this policy change.
Only applicants who can demonstrate “extraordinary circumstances” will be considered for exemption under the updated rules, as confirmed on Friday.
According to a memo issued by U.S. Citizenship and Immigration Services (USCIS), applicants must now undergo consular processing abroad.
Zach Kahler, a USCIS spokesperson, stated in an interview with the Daily Mail that the agency is reinforcing Congress’s original intentions regarding status adjustment applications by implementing this policy.
‘While we work to operationalize this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances.’
The change is expected to have a drastic affect on hopeful residents, including students, spouses of US citizens and foreign workers on the path to permanent residency, as the process can be costly and take months or years to complete.
Foreigners in the U.S. who want a green card will need to leave and apply in their home country, the Trump administration announced Friday
Only those who can prove they have ‘extraordinary circumstances’ to be able to apply while still in the country
‘Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose,’ the memo said. ‘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.’
Sarah Pierce, a former policy analyst at Citizenship and Immigration Services, told the New York Times: ‘Our consular processing system through which they would have to apply is already overburdened. So that means we could have families separated for months or years.’
It remains unclear what exactly would meet the criteria for ‘extraordinary circumstances.’
‘Aliens may be paroled into the United States “temporarily” on a case-by-case basis for “urgent humanitarian reasons or significant public benefit,”‘ the memo continued.
‘Paroled aliens, “when the purposes of such parole shall, in the opinion of the Secretary of Homeland Security, have been served” are expected to depart the United States or return (or be returned) to the custody of DHS.
‘Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country.’
The new policy marks Trump’s latest attempt to restrict immigration, as the administration is also aiming to impose another policy allowing officers to deny applicants who may, one day, use welfare.
The public charge rule would see any applicant that, in the opinion of the immigration officer, lacks assets or education and may benefit from welfare in the future be denied.
The memo on Friday from US Citizenship and Immigration Services announced that applicants would be required to go through consular processing outside of the United States
The change is expected to have a drastic affect on hopeful residents, including students, spouses of US citizens and foreign workers on the path to permanent residency, as the process can be costly and take months or years to complete
In 2024, 1.4 million green cards were granted and more than 820,000 were approved for people inside the country through ‘adjustment of status,’ according to data from the Department of Homeland Security
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Officers have also been pushed to weaponize applicants social media should it feature ‘anti-American’ values, which include anti-Israel views, the Journal reported.
The administration also imposed a $100,000 fee on H-1B visa applications as well as a weighted lottery system that makes qualifying incredibly difficult, particularly for college graduates with little experience.
Those denied permanent residency status abroad will also have no legal grounds to appeal the decision, the Journal reported.
Doug Rand, a former senior advisor at USCIS, told the Associated Press: ‘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.’
Much of the memo gave little information on when the policy would come into effect, whether applicants would be required to remain out of the country for the entire process or whether the policy impacts ongoing applications.
The agency told the outlet that applicants who provide ‘economic benefit’ or ‘national interest’ would likely be able to stay in the country and others would be forced to apply abroad.
World Relief, a humanitarian and refugee resettlement organization, said: ‘If families are told that the non-citizen family member must return to his or her country of origin to process their immigrant visa, but immigrant visas are not being processed there, it’s a Catch-22. These policies will effectively create an indefinite separation of families.’
Immigration lawyers have said the memo sent many of their clients and offices into a panic, given the lack of information.
The memo gave little information on when the policy would come into effect, whether applicants would be required to remain out of the country for the entire process or whether the policy impacts ongoing applications
‘USCIS is trying to upend decades of processing of adjustment of status,’ Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, said.
‘This applies very broadly to anyone seeking a green card.’
Lawyers pointed out current issues worldwide that have sparked fears, such as those who cannot return home over safety concerns or their home country did not have an embassy for them to apply at.
The US Embassy in Afghanistan, as one example, has been closed since the US troop withdrawal in August 2021.
Jessie De Haven, a senior staff attorney with the California Immigration project, said: ‘It’s really hard to tell how this is going to be applied. I do think it might have a chilling effect on people applying.’
In 2024, 1.4 million green cards were granted and more than 820,000 were approved for people inside the country through ‘adjustment of status,’ according to data from the Department of Homeland Security.
The Daily Mail reached out to the USCIS and the White House for comment.
