Following strong criticism, the Trump administration is trying to minimize concerns over a recent immigration policy change that sparked fears that hundreds of thousands of green card applicants could be required to leave the U.S. to continue their cases.
Last week, U.S. Citizenship and Immigration Services (USCIS) released guidance that officials said would remove the option for many immigrants to apply for a green card, or permanent residency, without leaving the country to complete the process at a U.S. consulate in their home nation.
The memo appeared to significantly restrict a process known as “adjustment of status,” which allows immigrants sponsored for a green card by U.S. employers or family members to remain in the country while awaiting approval. At the time, a USCIS spokesperson stated that someone “who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The announcement raised alarm among immigrants, business organizations, and immigration attorneys, who worried the policy could force hundreds of thousands of people to leave the United States. Some also feared applicants could become stranded abroad because of the broad travel and entry restrictions the Trump administration has placed on dozens of countries.
However, over the weekend, the Department of Homeland Security (DHS) issued a statement presenting the green card guidance in a much narrower light, saying the memo released last week simply reaffirmed “longstanding law and policy.”
DHS said the policy “will not prevent any alien from obtaining a green card who legitimately and properly qualify.” The department added that the guidance “will result in some aliens who do not merit the discretionary benefit ultimately applying with the Department of State overseas rather than USCIS in the United States.”
“This policy will have little to no effect on highly qualified applicants and skilled professionals who have complied with the law,” DHS said in a statement to CBS News on Saturday. “These aliens serve the national interest and contribute economic value to the United States and will continue to warrant a favorable exercise of discretion.”
Lynden Melmed, who was the chief legal officer at USCIS during the George W. Bush administration, said DHS’s latest statement appears to narrow the reach of the green card guidance and make it less absolute. He noted that USCIS officers have long exercised discretion by weighing both positive and negative factors when deciding whether someone can apply for a green card from within the United States.
Still, Melmed said the guidance will likely remain “burdensome” for immigrants and their attorneys, requiring them to provide additional evidence showing why they should be allowed to stay in the U.S. rather than apply for a green card from abroad. He also said the administration’s seemingly mixed messages could create confusion among USCIS officers.
“The underlying policy will still slow legal immigration, but at least they are toning down the rhetoric,” Melmed said.
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