Washington: The Trump administration has unveiled a new immigration policy that could force many immigrants already living legally in the United States to leave the country and apply for permanent residency from abroad, triggering sharp criticism from immigrant advocates, Democratic lawmakers and local officials.
The new policy memo issued by the US Citizenship and Immigration Services (USCIS) reiterates that adjustment of status — the process through which eligible immigrants apply for Green Cards while remaining inside the United States — is “a matter of discretion and administrative grace” and not intended to replace regular consular processing abroad.
USCIS said officers must consider applications on a “case-by-case basis” and weigh whether applicants deserve what the agency described as an “extraordinary form of relief.”
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said.
“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” he said.
Kahler said the policy would help reduce overstays and allow USCIS to focus on “visas for victims of violent crime and human trafficking, naturalisation applications, and other priorities.”
The policy could have significant implications for temporary visa holders, including students, researchers, tourists and H-1B workers, many of whom traditionally adjust their status inside the United States after obtaining employer or family sponsorship.
The USCIS memo argues that adjustment of status was “not designed to supersede the regular consular visa-issuing process.” It further states that aliens admitted temporarily are generally expected to depart the country once the purpose of their stay ends.
Immigration advocacy group FWD.us condemned the move.
“Today’s announcement is a stark, deeply harmful, upheaval of more than 70 years of legislative, administrative, and judicial precedent,” said FWD.us President Todd Schulte.
“It will create chaos and impose massive costs on immigrants who have lived and worked legally in the United States for many years,” he said.
Schulte accused the administration of trying to “make America a cruel place for immigrants” and said the policy would “massively disrupt our legal immigration system.”
“The majority of people who are approved for green cards each year adjust their status from within the U.S., as provided under law since the 1950s,” he said.
Rp. Grace Meng, Chair of the Congressional Asian Pacific American Caucus (CAPAC), also criticised the policy.
“The Trump administration is once again proving that they are not going after the ‘worst of the worst.’ Instead, they are blatantly attacking legal immigration, with family separation at the center of its agenda,” Meng said.
She warned that immigrants from more than 100 countries affected by Trump-era travel and immigrant visa restrictions could face separations lasting “for years, if not indefinitely.”
Montgomery County Executive Marc Elrich said the policy would create fear and uncertainty among immigrant families and skilled workers.
“These are our neighbors, coworkers, business owners, researchers, health care workers, teachers, and entrepreneurs,” Elrich said.
“When the federal government treats legal immigrants as disposable or unwelcome, it weakens our ability to attract and retain the people who help drive innovation, create jobs, and strengthen our economy,” he added.
Indian technology professionals have historically relied heavily on adjustment of status provisions because of long Green Card backlogs and country-specific visa caps. Immigration lawyers and advocacy groups have repeatedly warned that forcing applicants to leave the country during processing could disrupt jobs, family stability and long-term residency plans for thousands of Indian-origin families.
