US Tells Aspiring Green-Card Holders to Apply Outside the Country

The Trump administration has introduced a comprehensive new policy mandating that the majority of temporary visa holders must exit the United States and apply for their green cards from outside the country.

This policy directive, revealed by U.S. Citizenship and Immigration Services (USCIS), directs agency officials to regard domestic "adjustment of status" applications as an "extraordinary form of relief". 

This represents a significant disruption to a 60-year-old immigration system.

Foreign nationals currently present in the U.S. on temporary visas (including students, tech workers, or tourists) are required to return to their home nations and complete the permanent residency process via consular processing.

However, foreigners will only be allowed to adjust their status from within the U.S. if they can demonstrate exceptional, individualized hardship.

Initial statements from USCIS suggest that those whose applications yield an "economic benefit" or align with the "national interest" may be permitted to stay in the U.S. during processing.

The administration has asserted that temporary visits should not serve as a covert initial step towards permanent residency, positioning the policy as a means to ensure that temporary visa holders do not "slip into the shadows" if their applications are denied.

This policy is set to impact a considerable segment of the 1 million green cards issued annually, as over half are generally granted to individuals who are already legally residing in the United States.

Critics and immigration attorneys caution that, given the already significant backlog in consular wait times, this regulation will compel hundreds of thousands of legal workers to leave their jobs and be separated from their families for extended periods, potentially months or even years.

The policy directive has left many operational details ambiguous, including whether the rules will apply retroactively to applications that are already underway.

Prominent immigration advocacy organizations and business leaders have expressed strong disapproval, and the policy is anticipated to encounter immediate and vigorous challenges in federal court.