Want a green card? Go home; New US Immigration rule triggers panic among legal immigrants

The policy could have significant implications for temporary visa holders, including students, researchers, tourists and H-1B workers, many of whom traditionally adjust their status inside the US after obtaining employer or family sponsorship.

The Trump administration has introduced a significant new immigration policy that could compel many legally residing immigrants in the United States to leave the country and apply for permanent residency from abroad, drawing sharp criticism from immigrant advocates, Democratic lawmakers, and local officials.

A new policy memo issued by US Citizenship and Immigration Services (USCIS) emphasises that adjustment of status — the process allowing eligible immigrants to apply for Green Cards while inside the United States — is “a matter of discretion and administrative grace,” rather than a standard right.

The agency stressed that this process is not meant to replace the regular consular processing conducted abroad.USCIS officers have been directed to review applications on a strict case-by-case basis, carefully weighing whether applicants merit what the agency calls an “extraordinary form of relief.”

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“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” said USCIS spokesman Zach Kahler.

He added that, going forward, individuals in the US on temporary status who seek a Green Card will generally be required to return to their home country to apply, except in truly extraordinary circumstances.

Kahler stated that the new policy aims to reduce visa overstays and enable USCIS to prioritise processing visas for victims of violent crime and human trafficking, naturalisation applications, and other key areas.

The policy could have significant implications for temporary visa holders, including students, researchers, tourists and H-1B workers, many of whom traditionally adjust their status inside the United States after obtaining employer or family sponsorship.

The USCIS memo argues that adjustment of status was “not designed to supersede the regular consular visa-issuing process.” It further states that aliens admitted temporarily are generally expected to depart the country once the purpose of their stay ends.

Immigration advocacy group FWD.us condemned the move.

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“Today’s announcement is a stark, deeply harmful, upheaval of more than 70 years of legislative, administrative, and judicial precedent,” said FWD.us President Todd Schulte.
“It will create chaos and impose massive costs on immigrants who have lived and worked legally in the United States for many years,” he said.

Schulte accused the administration of trying to “make America a cruel place for immigrants” and said the policy would “massively disrupt our legal immigration system.”
“The majority of people who are approved for green cards each year adjust their status from within the U.S., as provided under law since the 1950s,” he said.
Rep. Grace Meng, Chair of the Congressional Asian Pacific American Caucus (CAPAC), also criticised the policy.

“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,” Meng said.

She warned that immigrants from more than 100 countries affected by Trump-era travel and immigrant visa restrictions could face separations lasting “for years, if not indefinitely.”

Montgomery County Executive Marc Elrich said the policy would create fear and uncertainty among immigrant families and skilled workers.
“These are our neighbors, coworkers, business owners, researchers, health care workers, teachers, and entrepreneurs,” Elrich said.

“When the federal government treats legal immigrants as disposable or unwelcome, it weakens our ability to attract and retain the people who help drive innovation, create jobs, and strengthen our economy,” he added.

Indian technology professionals have historically relied heavily on adjustment of status provisions because of long Green Card backlogs and country-specific visa caps.

Immigration lawyers and advocacy groups have repeatedly warned that forcing applicants to leave the country during processing could disrupt jobs, family stability, and long-term residency plans for thousands of Indian-origin families.

(with IANS inputs)