New Immigration Policy Requires Green Card Applicants to Leave the US

Significant Shift in Immigration Policy

The administration has unveiled a major alteration in the process for legal immigrants seeking permanent residency in the United States. This new policy mandates that individuals applying for green cards must return to their home countries to finalize their applications, rather than being able to do so from within the U.S. This announcement was made by U.S. Citizenship and Immigration Services (USCIS) on Friday, effectively abolishing the commonly utilized "adjustment of status" pathway that allowed immigrants already residing in the U.S. to apply for permanent residency.

Impact on Immigrants

For many years, immigrants who entered the U.S. legally on various temporary visas, including student and work permits, could apply for a green card without leaving the country. This included individuals on work visas, student visas, or those who married U.S. citizens, who could change their immigration status while remaining in the U.S. However, under the new USCIS guidelines, this option is largely eliminated, except in cases deemed "extraordinary." Now, anyone seeking permanent residency must return to their home country to apply and await approval before returning.

David Bier, director of immigration studies at the Cato Institute, noted that adjustment of status has been utilized by over half of all legal immigrants in recent decades. Currently, there are approximately one million pending adjustment of status applications. A report indicated that in 2023, over 1.3 million Indians were caught in the green card backlog, with around 7 percent of green cards issued that year going to Indian nationals. This policy change is expected to significantly affect many Indians currently residing in the U.S.

Administration's Justification

USCIS has framed this policy change as a return to the original intent of immigration law. Zach Kahler, a spokesperson for USCIS, stated, "We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly." He emphasized that anyone temporarily in the U.S. wishing to obtain a green card must now apply from their home country, barring extraordinary circumstances. Kahler also argued that this change would help reduce illegal overstays by eliminating perceived incentives for individuals to remain in the U.S. after being denied residency.

Reactions from Critics

Immigration advocates and legal experts have strongly criticized this policy, labeling it one of the most detrimental actions against legal immigration by the administration. Bier expressed his disapproval on social media, stating that the policy effectively instructs individuals who are legally eligible to stay in the U.S. to leave. He described the policy as "stupid and evil," asserting that it is designed to jeopardize jobs and separate families. Bier further characterized the administration as the most anti-legal immigration government in U.S. history.

Potential Legal Challenges

This policy may face legal challenges in court. USCIS could encounter lawsuits on various grounds, including the argument that such a significant policy change cannot be implemented through an internal memo alone. Administrative law typically requires a formal process known as notice-and-comment rulemaking for substantial policy shifts, allowing public input before a rule is enacted. The administration has previously dealt with immigration-related litigation, including a separate case regarding a pause on pending immigration applications following a tragic incident involving a National Guard member in Washington D.C.

Wider Implications

The new green card policy is part of a broader context, as the State Department has already suspended immigrant visa processing in 75 countries, further limiting legal options for those wishing to enter or remain in the U.S. For the approximately one million individuals with pending adjustment of status applications, as well as those who intended to apply, this announcement introduces a level of uncertainty that could disrupt lives, careers, and families who have built their lives in America through legal means.