Trump Administration Makes Green Cards Harder to Obtain for Immigrants in U.S.

The Trump administration introduced a significant policy change to make obtaining permanent residency, or a green card, more challenging for immigrants already in the U.S. This move is part of an effort to further limit legal immigration.

Officials announced that many immigrants would no longer be allowed to complete the green card process within the U.S. They must instead return to their home countries to apply for an immigrant visa at an American consulate.

This policy could significantly affect groups such as students, tourists, and others on temporary visas, as well as those who entered legally but overstayed. These individuals will now need to leave the country to apply for a green card through sponsorships by U.S. citizen spouses or employers.

For many immigrants, going back home might make returning to the U.S. difficult or even impossible. Citizens of 39 countries, primarily in Africa and Asia, face travel bans or restrictions. A separate policy has paused immigrant visas for people from 75 countries due to concerns about potential economic burdens.

Additionally, those who overstayed their visas and lived in the U.S. illegally may face decade-long bans from reentering if they leave. Former senior U.S. Citizenship and Immigration Services (USCIS) official Michael Valverde commented that this move could disrupt the plans of numerous families and employers annually.

According to Valverde, this is largely unprecedented and could significantly limit lawful immigration to the U.S., placing many who followed the rules in a state of uncertainty.

The published memo aims to restrict the conditions under which immigrants in the U.S. can obtain green cards through the “adjustment of status” process, which allows them to become permanent residents without leaving the country. USCIS officers were instructed to regard this process as “extraordinary” and an “administrative grace,” suggesting that most cases should be processed abroad as per federal law.

While specific exemptions were not outlined, it appears those with “dual intent” visas, like H-1Bs for skilled workers, as well as refugees and asylees, may still be eligible to adjust their status without leaving the U.S., according to USCIS spokesman Zach Kahler.

Kahler stated that the new policy would help prevent individuals denied residency from remaining in the U.S. illegally. He also noted that green card applicants who offer an “economic benefit” or serve the “national interest” could complete processing without exiting the country.

Doug Rand, a former senior USCIS official, indicated that these changes might affect numerous cases as about half a million people seek green cards through adjustment of status annually. U.S. citizens with immigrant spouses on temporary visas will likely be among the most negatively impacted.

Rand emphasized that this policy could complicate the lives of many Americans with foreign-born spouses. Many might find themselves stuck overseas due to these changes.