Trump Administration Changes Policy on Permanent Residency Applications

The Trump administration has changed a longstanding policy, requiring foreigners seeking permanent residency in the United States to leave the country and apply from their home nation. This move has caused confusion and concern among immigrants, legal aid groups, and immigration attorneys.

For over 50 years, foreign citizens with legal status have been allowed to complete the entire process for permanent residency within the United States. This included individuals married to U.S. citizens, holders of work and student visas, refugees, and political asylum seekers.

The announcement from the U.S. Citizenship and Immigration Services (USCIS) states that foreigners temporarily in the United States who wish to apply for legal permanent residency, also known as a green card, must return to their home country to file the application. This applies unless there are “extraordinary circumstances,” though details are scarce. USCIS officials will decide if applicants meet these conditions. The agency’s statement notes, “Non-immigrants, such as students, temporary workers, or tourists, 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 ends. Their visit should not serve as the first step in the green card process.”

This announcement aligns with the Trump administration’s efforts to make legal immigration more difficult for those already in the U.S. and those planning to come. Doug Rand, a former senior advisor with USCIS during Biden’s administration, states that the goal is to reduce the number of people obtaining permanent residency. About 600,000 individuals in the U.S. apply for a green card each year.

The USCIS announcement lacks specifics on when the change would take effect, whether individuals would need to remain abroad throughout the process, or if it affects those with ongoing permanent residency applications. In a statement to The Associated Press, the agency indicated that individuals contributing an “economic benefit” or serving “national interests” might remain in the U.S., while others must apply abroad.

The policy change adds to measures already taken to restrict and limit entries from multiple countries. Some face bans, while others experience visa processing delays. Experts and attorneys warn that requiring individuals from these countries to return home for residency applications could prevent them from reentering. World Relief, a humanitarian and refugee resettlement organization, noted that this could lead to indefinite family separations.

The USCIS describes the change as returning to “the law’s original intent” and closing a “loophole.” However, immigration attorneys and aid groups oppose this measure, saying many have long adjusted their status in the U.S. safely and others cannot return home due to safety or lack of embassies, like in Afghanistan since the U.S. withdrawal in August 2021.

Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, stated that USCIS is disrupting decades of status adjustment processing. Those affected could include individuals married to U.S. citizens, those with humanitarian protections applying for a green card, and holders of work, student, and religious visas. Dalal-Dheini noted that in some U.S. consulates abroad, visa appointment wait times could exceed a year. Immigration attorneys reviewed the policy memorandum and announcement to discern its application.

Organizations providing legal aid and other services to immigrants report concerned clients uncertain about the new guidance’s impact. Jessie De Haven, a senior attorney with the California Immigration Project, a nonprofit offering legal services to low-income immigrants, expressed, “It’s difficult to understand how this will be implemented. It could deter individuals from applying.”

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This story was translated from English by an AP editor using a generative artificial intelligence tool.