The Trump administration has directed that migrants
seeking to obtain a green card must return to their home country to apply,
closing a loophole that previously allowed some people to remain in the United
States while waiting for permanent residency.
On Friday, May 22, U.S. Citizenship and Immigration
Services (USCIS) announced new guidance instructing immigration officers to
treat the transition from temporary nonimmigrant status to permanent residency
under Section 245(a) of the Immigration and Nationality Act as a process that
should generally take place outside the United States.
Under the guidance, people seeking lawful permanent
residency would typically be required to go back home, complete the necessary
screening procedures, and obtain an immigrant visa through the U.S. Department
of State before re-entering the U.S. as immigrants.
USCIS Director Joseph Edlow said the administration is
reinforcing the legal distinction between temporary admission and permanent
residence. He added that those who come temporarily and later seek permanent
residency should pursue an immigrant visa through the proper process in their
home countries before being admitted as immigrants.
The document also states that individuals should only
be allowed to remain in the U.S. and complete the adjustment of status process
domestically in “extraordinary circumstances,” where vetting is done by USCIS
officers rather than through the standard immigrant visa process abroad.
USCIS said immigration officers should consider
relevant factors case-by-case when deciding whether someone qualifies for this
limited type of relief.
Homeland Security announced the policy on X, stating:
“An alien who is in the U.S. temporarily and wants a Green Card must return to
their home country to apply.” The agency said the policy is intended to ensure
the immigration system functions as intended and discourage abuse of loopholes.
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