The Trump administration announced a major policy change Friday that requires most foreigners seeking green cards to apply from their home countries.Here is what we know so far about the latest restriction on legal immigration:How many people could this impact?The change could impact hundreds of thousands of people who apply for green cards each year. For decades, foreigners with temporary legal status have been able to go through the entire process of becoming a permanent resident while living in the United States, a group that includes spouses of U.S. citizens, work and student visa holders, refugees, and asylum seekers. In fact, more than half of all legal immigrants since 1980 have received permanent residence by adjusting their status inside the U.S., according to government data compiled by the CATO Institute. What’s prompting the policy change?U.S. Citizenship and Immigration Services said the change is intended to return “to the original intent of the law” and prevent rejected applicants from remaining in the U.S. illegally. “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. 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,” USCIS spokesman Zach Kahler wrote in a press release. Exceptions and effective date The press release said foreigners seeking a green card must return to their home country to apply “from now on,” except “in extraordinary circumstances.”Kahler said foreigners who “provide an economic benefit or otherwise are in the national interest” will likely be allowed to continue applying from inside the U.S.It was not immediately clear how exactly those determinations would be made and what this means for pending green card applications. A USCIS memo acknowledges some exceptions, “including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status.” The memo further states, “USCIS may provide policy guidance specific to certain adjustment of status categories or discrete populations of aliens to aid officers in identifying those applications that may or may not warrant this act of grace and exception to the regular consular process.”What do critics say?The policy change is likely to face legal challenges and is already facing backlash. “This policy is illogical and will harm Americans, their employees, employers and family members. It will drive talented people to other countries and make America a less competitive place for business,” said David Bier, who studies immigration at the CATO Institute.Some Democrats decried the policy as a form of family separation, warning that some applicants would be effectively barred from returning to the U.S. as some nations face travel bans or pauses in visa processing under the Trump administration. #AfghanEvac President Shawn VanDiver said the administration is “systematically closing every pathway to permanent safety for Afghan allies” who helped the U.S. during the two-decade war. He also raised logistical concerns. “There are no consular services in Afghanistan. There is no process to apply through. The Taliban controls the country,” VanDiver said.
The Trump administration announced a major policy change Friday that requires most foreigners seeking green cards to apply from their home countries.
Here is what we know so far about the latest restriction on legal immigration:
How many people could this impact?
The change could impact hundreds of thousands of people who apply for green cards each year.
For decades, foreigners with temporary legal status have been able to go through the entire process of becoming a permanent resident while living in the United States, a group that includes spouses of U.S. citizens, work and student visa holders, refugees, and asylum seekers.
In fact, more than half of all legal immigrants since 1980 have received permanent residence by adjusting their status inside the U.S., according to government data compiled by the CATO Institute.
What’s prompting the policy change?
U.S. Citizenship and Immigration Services said the change is intended to return “to the original intent of the law” and prevent rejected applicants from remaining in the U.S. illegally.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. 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,” USCIS spokesman Zach Kahler wrote in a press release.
Exceptions and effective date
The press release said foreigners seeking a green card must return to their home country to apply “from now on,” except “in extraordinary circumstances.”
Kahler said foreigners who “provide an economic benefit or otherwise are in the national interest” will likely be allowed to continue applying from inside the U.S.
It was not immediately clear how exactly those determinations would be made and what this means for pending green card applications.
A USCIS memo acknowledges some exceptions, “including nonimmigrant categories with dual intent and immigrant categories where only adjustment of status provides a pathway to permanent resident status.”
The memo further states, “USCIS may provide policy guidance specific to certain adjustment of status categories or discrete populations of aliens to aid officers in identifying those applications that may or may not warrant this act of grace and exception to the regular consular process.”
What do critics say?
The policy change is likely to face legal challenges and is already facing backlash.
“This policy is illogical and will harm Americans, their employees, employers and family members. It will drive talented people to other countries and make America a less competitive place for business,” said David Bier, who studies immigration at the CATO Institute.
Some Democrats decried the policy as a form of family separation, warning that some applicants would be effectively barred from returning to the U.S. as some nations face travel bans or pauses in visa processing under the Trump administration.
#AfghanEvac President Shawn VanDiver said the administration is “systematically closing every pathway to permanent safety for Afghan allies” who helped the U.S. during the two-decade war. He also raised logistical concerns.
“There are no consular services in Afghanistan. There is no process to apply through. The Taliban controls the country,” VanDiver said.
