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The Trump administration has introduced a significant shift in immigration policy, requiring foreign nationals in the United States who wish to obtain a green card to return to their home countries to apply. This unexpected move alters a policy that has been in place for over 50 years.
Traditionally, individuals with legal status in the U.S. – including those married to American citizens, as well as holders of various visas such as work, student, refugee, and political asylum – were allowed to complete their entire process for permanent residency without leaving the country.
However, the recent announcement by U.S. Citizenship and Immigration Services (USCIS) specifies that foreigners in the U.S. temporarily must now return to their home countries to apply for lawful permanent residency, except under “extraordinary circumstances.”
In a statement issued on Friday, USCIS clarified their position: “Nonimmigrants, such as students, temporary workers, and tourists, visit the U.S. for a limited time and specific purposes. Our system is structured for them to depart after their visit. Their stay should not serve as the initial step toward obtaining a Green Card.”
This policy change marks another action by the Trump administration aimed at tightening legal immigration, both for those already within the United States and for prospective arrivals.
Doug Rand, a former senior advisor at USCIS during the Biden administration, said the goal of the policy change was “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,” he said.
Rand said about 600,000 people already in the US apply each year for a green card.
USCIS did not say when the change would come into effect, whether individuals would be required to remain in another country throughout the entire process, or whether the policy impacts foreigners whose green card applications are already underway.
In an emailed statement to the Associated Press, the agency said people who provide an “economic benefit” or “national interest” could likely stay in the US, while others would have to go abroad to apply.
The changes come on top of steps the administration has already taken to restrict and limit entry for people from dozens of countries.
USCIS described the change as a return to “the original intent of the law” and closing a “loophole”.
But immigration lawyers and aid groups pushed back, saying it was longstanding practice for many groups to be able to adjust their status in the US.
“USCIS is trying to upend decades of processing of adjustment of status,” said Shev Dalal-Dheini from the American Immigration Lawyers Association.
“This all applies very broadly to anyone seeking a green card”.
Among those affected could be individuals married to US citizens, immigrants with humanitarian protection who are applying for a green card, and holders of work visas — including doctors and professionals — as well as student and religious visa holders, the lawyer noted.
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