The Trump administration has introduced a significant change to the green card application process, requiring applicants to return to their home countries to apply, except in certain unspecified cases. This policy shift has caused confusion and concern among immigrants and legal experts, as it potentially affects hundreds of thousands of applicants annually.
Impact on Immigrants and Legal Experts
Immigration attorney Flavia Santos Lloyd has received numerous inquiries from clients worried about the implications of this new policy. She noted that the change could slow down applications and advised a cautious approach. The U.S. Citizenship and Immigration Services (USCIS) announced that foreigners in the U.S. seeking a green card must apply from abroad, with some exceptions yet to be clarified.
Legal experts like Charles Kuck view the policy as a tactic to deter legal immigration. He anticipates potential legal challenges to the change. The Department of Homeland Security stated that the shift would not prevent qualified individuals from obtaining green cards, though it would require some to apply overseas.
Exceptions and Nuances
Kevin Miner, an immigration attorney, expects that individuals on employment-based visas, such as H-1Bs, might be exempt from this requirement. These visas, known as dual-intent, allow nonimmigrant visa holders in the U.S. to seek green cards. The policy memo suggests that these cases may continue without significant impact.
Matthew Soerens from World Relief expressed hope that the policy would not apply to refugees, who cannot return to their home countries due to safety concerns. The policy memo’s language regarding status adjustments in the U.S. offers some reassurance for refugees and those on humanitarian parole.
Legal and Practical Challenges
Shev Dalal-Dheini of the American Immigration Lawyers Association highlighted the complexities of providing legal advice under the new policy. The guidance appears to target individuals who overstayed their visas, such as those on specific religious worker visas or those whose stay lapsed while in the U.S.
As the policy unfolds, immigration attorneys like Lloyd are advising their clients to remain calm and await further guidance. The policy’s impact on businesses seeking green cards for employees remains uncertain, with some companies potentially deterred from pursuing applications.
Original reporting: Dallas TX News (HLL/CB) — read the source article.
