The United States recently issued a notice stating that foreigners living in the US must apply for a green card upon returning to their home country. This news has caused many foreigners living in the US to shiver with fear.
But a few days later, the U.S. government changed its stance again.
According to US media outlets Newsweek and Bloomberg, on May 30th, the U.S. Department of Homeland Security clarified the controversial immigration policy announced last week. The department stated that this policy will not have a significant impact on most high-quality, highly skilled green card applicants.
Officials from the Department of Homeland Security stated that this is not a comprehensive policy change. The decision will still be made by immigration officials on a case-by-case basis.
This merely serves to remind officials of their discretionary powers, said a spokesperson for the Department of Homeland Security in a statement. Such powers have always existed and must be determined on a case-by-case basis.
The Department of Homeland Security stated in its statement that some applicants will need to begin their application process at embassies or consulates located outside the United States. However, it was also noted that this will not affect any current permanent legal residents.
Bloomberg noted that this clarification seems to be aimed at reassuring American corporate employers and immigrants, informing them that the green card application process will not become more restrictive.
According to reports, the latest statement suggests that the new regulations will not affect foreign applicants who can serve the interests of the United States or bring economic benefits. It also indicates that no one who meets the requirements will be prevented from obtaining a green card.
On May 22nd, local time, the U.S. Department of Homeland Security issued new regulations requiring foreign visitors to apply for permanent residency through their home countrys U.S. State Department embassies or consulates, with exceptions in special circumstances. In a six-page policy memo, the U.S. Citizenship and Immigration Services, under the Department of Homeland Security, described this move as returning to the original intent of federal immigration laws.
The British Broadcasting Corporation (BBC) stated that this unexpected change to the long-term policy effectively closed off the loophole allowing visa holders and visitors to apply for green cards within the United States. This has left aid organizations, immigration lawyers, and immigrants deeply confused and worried.
Bloomberg reported that some immigration lawyers said they received numerous calls after the new regulations were announced. Their clients were worried that the Trump administration was trying to restrict legal immigrants. Elizabeth Goss, an immigration lawyer in Boston, said that the new regulations are meant to deport immigrants, and theyre a way of forcing people to leave.
This will affect thousands of people, said Goss. Theres no real policy rationale behind this. Its not a matter of security eitherthese individuals have already passed the review when they obtained their temporary non-immigrant visas. This will impact doctors, professors, researchers, and CEOs, among other groups.
According to reports, for over half a century, foreign nationals with legal status have been able to apply for and complete all necessary procedures for permanent residency in the United States. This includes those who hold U.S. citizen spouses, work and student visas, as well as refugees and applicants for political asylum.
US federal data shows that the United States issues over 1 million green cards each year. More than half of these applicants are already living in the United States. Data from the Cato Institute also indicates that there are currently over 1 million applications for identity adjustment green cards among legal immigrants, all of which are awaiting approval.
According to a report by Newsweek on the 30th, after the Department of Homeland Security clarified the situation, the U.S. green card application process has become even more confusing. The U.S. government has not clearly defined when applicants may be required to leave the country. Instead, the decision-making power lies with individual officials.
Reports indicate that critics claim that the Trump administrations actions are aimed at controlling the strong opposition that arose after the new regulations were introduced last week.
The Executive Director of the American Immigration Lawyers Association, Benjamin Johnson, stated that this uncertainty can make legal challenges more complicated. He explained, If you have no idea whats going on, it becomes even harder to determine what you should sue about.
