A recent notice from the US requiring people to go back to their home countries to apply for green cards sent a chill down the spines of foreigners living in the States.
But just a few days later, the US government changed its tune.
According to a May 30 report by Newsweek and Bloomberg, the Department of Homeland Security clarified the “controversial” immigration policy issued last week, saying it won’t significantly affect most “high-quality, highly skilled” green card applicants.
DHS officials said this isn’t a sweeping policy shift, and the decision will still be made by immigration officers on a case-by-case basis.
“It’s really just a reminder to officers of their discretion,” a DHS spokesperson said in a statement. “That authority has always existed and is meant to be used on a case-by-case basis.”
In the statement, DHS added that some applicants will need to start the process at a US embassy or consulate abroad. But it stressed that this won’t affect any current permanent legal residents.
Bloomberg noted that this “clarification” seems aimed at reassuring US employers and immigrants that the green card process won’t become more restrictive.
The latest statement hints that the new rule won’t impact foreign applicants who “serve US national interests or bring economic benefits,” and it won’t block anyone who qualifies from getting a green card.
US Citizenship and Immigration Services (USCIS), an agency under the Department of Homeland Security
On May 22, DHS issued a new rule requiring foreign visitors to apply for permanent residency through US embassies or consulates in their home countries, with exceptions. In a six-page policy memo, USCIS described this as “returning to the original intent of federal immigration law.”
BBC reported at the time that this unexpected shift in long-standing policy closed a loophole that allowed “visa holders and visitors to apply for green cards while inside the US,” leaving aid groups, immigration lawyers, and immigrant communities confused and worried.
Bloomberg mentioned that after the new rule was announced, immigration lawyers got flooded with calls from clients worried the Trump administration was trying to restrict legal immigration. Boston immigration lawyer Elizabeth Goss said the rule is aimed at driving immigrants out, calling it “a way to force people to leave.”
“It’s going to affect thousands of people,” Goss said. “There’s no real policy reason behind it. It’s not a security issue—these people have already been vetted on temporary nonimmigrant visas. It’s going to impact doctors, professors, researchers, CEOs (among others).”
For over half a century, foreign nationals with legal status have been able to complete the entire process of obtaining permanent residency while inside the US, including spouses of US citizens, work and student visa holders, refugees, and asylum seekers.
US federal data shows that over one million green cards are issued each year, with more than half of applicants already in the country. According to the Cato Institute, over one million legal immigrants are currently waiting for approval of their adjustment-of-status green card applications.
In a May 30 report, Newsweek pointed out that the DHS “clarification” has only made the green card application policy more confusing. The US government hasn’t clearly defined when applicants might be required to leave the country, leaving the decision to individual officers.
Critics say the Trump administration’s move is an attempt to control the backlash triggered by the new rule last week.
Benjamin Johnson, executive director of the American Immigration Lawyers Association, said this uncertainty could complicate legal challenges. “If you don’t even know what’s going on, it’s hard to figure out what you’re going to sue over,” he explained.
