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Washington (AP) — After the Trump administration announced last week that green card applicants would be required to apply from their home countries rather than from within the U.S., immigration attorneys have been inundated with calls from clients concerned about the implications of this new policy.
Flavia Santos Lloyd, an immigration attorney, expressed uncertainty about what to tell her clients but acknowledged that the new policy would likely delay the application process. "This situation is going to throw a wrench into ongoing litigation. We have several cases we were about to proceed with, but we’ll have to wait and see," she said.
The U.S. Citizenship and Immigration Services (USCIS) announced on Friday that foreign nationals residing in the U.S. would need to return to their home countries to apply for permanent residency, with some exceptions. This announcement could affect hundreds of thousands of green card applicants each year and represents the latest immigration policy to shock and confuse lawyers, advocates, and immigrants alike. It also marks a shift in the administration's focus from primarily undocumented immigrants to targeting legal immigration pathways.
Charles Cook, an immigration attorney, stated that this is merely an attempt to restrict legal immigration processes and intimidate people, predicting that legal action will be taken in response to the changes. He also described it as a "fear-mongering tactic."
However, the announcement from USCIS appeared to change the situation suddenly, stating that foreign nationals temporarily residing in the U.S. must apply from their home countries unless there are special circumstances. The agency also released a more detailed policy memo for staff reviewing these cases, which immigration experts say has led to confusion about the actual changes due to its nuanced differences.
On Wednesday, the Department of Homeland Security responded to inquiries from the AP, stating that the policy change would not impede individuals who meet the "legal and appropriate" eligibility requirements for obtaining a green card, although some may need to apply overseas through the State Department. They emphasized that the policy would not have a significant impact on "well-qualified applicants and skilled professionals who have complied with the law."
Immigration law firm Boundless Immigration speculated in a blog post that while the policy may lead to stricter application of discretionary standards, it would not completely halt the adjustment of status process for "qualified applicants" depending on the type of visa. The firm noted that previous policy documents related to citizenship acquisition had not triggered stronger responses in practice.
Immigration attorneys and advocates are struggling to predict who will be affected. Shev Dalar-Daini, senior director of government relations for the American Immigration Lawyers Association, suggested that the guidance may target individuals who have overstayed their visas, such as parents of U.S. citizens, employees transferred to the U.S., or religious workers on specific visas. "It seems likely that they are targeting those who may have overstayed their visas while here," she said.
Kevin Minor, a partner at the immigration law firm Fragomen, expects that holders of employment visas like H-1B will be exempt. This dual-intent visa allows individuals in the U.S. on nonimmigrant visas to apply for green cards. The memo specifically mentioned areas where dual-intent visas could be exempted.
"Such cases will likely continue as usual, and there won’t be significant impacts," Minor said, adding that the announcement surprised many.
Matthew Sorens, U.S. church mobilization director for World Relief, which helps resettle refugees in the U.S., expressed hope and expectation that the guidance would not apply to refugees based on the memo's language regarding situations where immigrants need to adjust status in the U.S. Refugees are individuals who meet specific criteria to enter the U.S. and undergo a lengthy vetting process before arriving. They must apply for a green card within one year of arriving in the U.S. and cannot return home due to danger, Sorens explained.
The Trump administration has significantly reduced the number of refugees allowed into the U.S. this year and restricted it to only white South Africans. Sorens noted that individuals who entered under humanitarian parole, which allows the president to permit entry for humanitarian reasons (a program that President Biden's administration has significantly expanded), could also be affected. Many of these individuals may already have family in the U.S. or be married to U.S. citizens, which would open a pathway for green card applications, but the process may now become more complicated.
Dalar-Daini stated that the nuanced differences make it difficult to provide general legal advice. "It’s going to be very case-specific," she said.
Organizations have reported that immigrants are facing multiple questions regarding their applications. The American Immigration Lawyers Association noted that applicants in green card interviews conducted under the new guidance are being asked questions that were not previously posed. For example, one applicant married to a U.S. citizen was asked why they did not apply at the embassy in their home country instead of adjusting status in the U.S. They were also questioned about whether there were reasons they could not apply from their home country and whether they still have family there. Another individual was asked to submit a form explaining their reasons for applying in the U.S. and to prove they would not impose a financial burden or become a "public charge". Evidence could include tax returns, employer letters detailing salary, and bank statements.
Lloyd, the immigration attorney, is keeping a close eye on the situation for both corporate and individual clients and has emailed them that she will reach out as more detailed guidance and practical applications emerge. She believes this policy will deter some businesses from pursuing green cards for their clients. "I don’t want everyone to panic," she said. "My advice is to watch the situation."