USCIS Mandates Foreigners Apply for Green Cards from Home Countries
Quick Look
- USCIS announced a new rule requiring foreigners in the US to return to their home countries to apply for green cards, citing a return to 'original intent' and closing a 'loophole'.
- The move has caused confusion among immigration experts and lawyers, who question its implementation and safety implications for applicants.
AI-generated summary
Why It Matters
The US government, through USCIS, has announced a new rule requiring foreigners already in the US to return to their home countries to apply for a green card, a departure from previous practices where many applied from within the US. This is part of a series of restrictive immigration measures.
The US government announced a new rule on Friday requiring foreigners to leave the US and apply for a green card from their home countries.
The announcement comes as the latest move in a series of attempts the Trump administration has already taken to restrict and limit entry for people from dozens of countries.
What did the USCIS say about the new rule?
"From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances," US Citizenship and Immigration Services (USCIS) spokesman Zach Kahler said in a statement.
"Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose," Kahler said, adding, "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."
Kahler said having green card seekers apply from their home nation "reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency."
Announcement sows confusion
According to The Washington Post, more than one million green cards are issued each year in the US and, up until now, more than half of the applicants are already in the US.
Immigration experts are trying to understand the policy memo to decipher who it would apply to.
USCIS has not clarified the details about the new rule, like when the change would be implemented, whether individuals would be required to stay in another country throughout the entire process, or how the new rule would apply to foreigners whose green card applications are already underway.
USCIS described the change as a return to "the original intent of the law” and closing a "loophole.”
However, immigration lawyers have argued that it was a longstanding practice for many people to change their status in the US and that for many people returning home could be unsafe, and many do not have a US embassy to apply to in their home countries.
Edited by: Wesley Dockery
What to Watch
AI outlook — possibilities, not facts
Legal challenges to the new USCIS rule are likely.
Very likely · Within weeks
The rule will create significant logistical and safety challenges for applicants.
Very likely · Within months
Open Questions
- When will the new rule be implemented?
- How will the rule apply to individuals whose green card applications are already in progress?
- Will individuals be required to remain in another country throughout the entire application process?
- How will the rule affect individuals whose home countries lack a US embassy or pose safety risks?
