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The Trump administration is taking a more aggressive approach to immigration policies, announcing that people seeking green cards will have to apply from their countries of origin, instead of from the US.
This new policy is sparking concerns about a nightmare scenario that could force applicants to leave the country while their cases are processed.
It could force workers in the US to leave their jobs and also separate families.
For decades, eligible immigrants have used a process called 'adjustment of status' to obtain permanent residency through marriage, employment or family sponsorship without having to leave the United States.
However, immigration attorneys warn that the recent federal policy memo could change this.
The new guidelines suggest that immigration officials will likely deny far more of these applications, with a particular focus on individuals who have lived in the country without legal status for years or overstayed their visas.
As a result, some applicants may now be forced to exit the US and finalize their green card process at an overseas US consulate before they can legally return.
The Trump administration maintains that the policy is designed to uphold legal immigration pathways.
According to officials, the goal is to ensure immigration officers properly exercise their discretionary power when evaluating permanent residency applications.
DHS Secretary Markwayne Mullin oversees the green card process
The Trump administration is taking a more aggressive approach to immigration policies - announcing that people who want green cards will not have to apply from their countries of origin, instead of while they are in the US
This new policy is sparking concerns about a nightmare scenario that could force applicants to leave the country while their cases are processed
For decades, eligible immigrants have used a process called 'adjustment of status' to obtain permanent residency through marriage, employment, or family sponsorship without having to leave the United States
The new guidelines suggest that immigration officials will likely deny far more of these applications, with a particular focus on individuals who have lived in the country without legal status for years or overstayed their visas
'We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly,' USCIS spokesman Zach Kahler said.
'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.'
This memo, however, doesn't impact people who are renewing their green cards.
Immigration experts say this policy is likely targeting those who have lived in America for several years while trying to obtain their visas through faster means.
They warn that these new changes could sway people for even attempting to apply for legal status in the US.
According to attorneys, the greatest risk of forcing applicants to handle their cases abroad is the sheer unpredictability.
Once an applicant leaves the US for a consular interview, they face the very real possibility of extensive delays or outright visa denials – with virtually no avenue for appeal.
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