The Trump administration is trying to alleviate concerns about a recent immigration policy change. Initially, the change suggested that hundreds of thousands of green card applicants might need to leave the U.S. to continue their applications. This prompted widespread alarm among immigrants and their advocates.
Last week, the U.S. Citizenship and Immigration Services (USCIS) released guidance. It indicated many immigrants might lose the option to apply for a green card, also known as permanent U.S. residency, without exiting the country. Typically, a process called “adjustment of status” allows immigrants sponsored by family or employers to remain in the U.S. during the application.
A spokesperson from USCIS claimed that applicants “temporarily in the U.S. must return to their home country, except in extraordinary circumstances.” This announcement caused concern among diverse groups, who feared it would force many immigrants to leave the U.S., potentially stranding them due to the administration’s travel restrictions affecting numerous countries.
During the weekend, the Department of Homeland Security (DHS) aimed to downplay the guidance’s impact. A statement from the DHS clarified that the memo mainly restated existing laws and policies. DHS assured that qualified applicants would not be barred from obtaining green cards. It emphasized that those not meriting the discretionary benefit might apply via the Department of State instead of USCIS.
The department explained that the policy will not affect highly qualified applicants and skilled professionals, emphasizing their contributions to the national interest. These individuals will still merit discretionary favor.
Lynden Melmed, the chief legal officer at USCIS under the George W. Bush administration, commented on the new statement. He noted that DHS is narrowing the scope, making it less categorical. Historically, USCIS officers have exercised discretion, balancing positives and negatives to decide eligibility within the U.S.
However, Melmed warned the guidance could still be “burdensome”. Applicants and their attorneys might need to provide more evidence justifying why they shouldn’t have to leave the U.S. Inconsistent messaging might also confuse USCIS officers.
The underlying policy will likely slow legal immigration, Melmed concluded, though the rhetoric appears softened.
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