Trump Administration Introduces Policy Making Green Card Process Harder for Immigrants

The Trump administration announced a significant policy change aimed at making it more difficult for immigrants in the United States to obtain permanent residency, commonly known as a green card. The policy shift aligns with the administration’s goal to sharply limit legal immigration.

Changes in Green Card Application Process

Officials have decided to remove the option for many immigrants to complete their green card process while remaining inside the U.S. Instead, most immigrants will be required to return to their home countries to apply for an immigrant visa through a U.S. consulate.

The new policy will likely affect groups such as students, tourists, and other temporary visa holders, including those who entered legally but overstayed their visas. They will need to leave the U.S. to pursue green card sponsorships filed by U.S. citizen spouses or employers.

Impact on Immigrants

Returning to home countries could make it challenging for many immigrants to reenter the U.S. under current travel restrictions. A proclamation signed by President Trump for national security reasons places bans or restrictions on citizens from 39 countries, primarily in Africa and Asia.

Furthermore, a separate policy has halted the issuance of immigrant visas for individuals from 75 countries, citing the potential for economic burdens. Most individuals who have overstayed their visas and lived illegally in the U.S. would face a 10-year reentry ban if they leave.

Reactions to the Policy

Michael Valverde, a former senior official at U.S. Citizenship and Immigration Services (USCIS), stated that this move could disrupt plans for hundreds of thousands of families and employers every year. Valverde emphasized the unprecedented nature of the policy and its potential to greatly reduce lawful immigration.

The USCIS memo outlines new restrictions on when immigrants can use the “adjustment of status” process for green card applications. This process allows eligible immigrants to obtain a green card without leaving the U.S. The memo characterizes the adjustment process as “extraordinary” relief, hinting at congressional intent for overseas processing.

USCIS officers were instructed to consider the choice to seek status adjustment within the U.S. as “adverse factors” in applications. Exceptions were suggested for those with “dual intent” visas like H-1Bs, as well as refugees and asylees.

Official Statements

USCIS spokesman Zach Kahler stated that temporary visitors in the U.S. must return to their home country to apply for a green card, except in extraordinary situations. He argued that the policy allows the immigration system to function according to legal intentions, reducing the number of people staying illegally after residency denial.

In a separate statement, Kahler mentioned that applicants providing “economic benefit” or serving “national interest” could complete processing in the U.S. without exiting the country.

Potential Effects on Families

Doug Rand, a former senior USCIS official, noted the policy’s potential impact on hundreds of thousands of cases, given that half a million people receive green cards annually through the adjustment process. He observed that immigrant spouses of U.S. citizens on temporary visas may be among the most affected.

Many individuals forced to leave the U.S. could face difficulties returning. Rand highlighted the problems faced by U.S. citizens marrying individuals from countries like Iran or Russia, which may result in them being unable to return.

These changes could significantly disrupt lives and separate families, making it more difficult for U.S. citizens to live with chosen partners who came to the country legally.