Trump forces visa holders abroad

U.S. Citizenship and Immigration Services said on May 22 that people in the United States on temporary visas who want green cards must generally leave the country and apply abroad. The agency tied the change to a May 21 policy memo that says adjustment of status inside the United States is an “extraordinary” form of relief, not the ordinary route to permanent residence. The announcement affects people on student, work and tourist visas, according to USCIS. News outlets and immigration lawyers said the guidance could disrupt applicants already living and working in the United States. ### What did the administration actually change? The May 21 USCIS memo says adjustment of status under section 245 of the Immigration and Nationality Act is “a matter of discretion and administrative grace” and should not displace regular consular processing abroad. The memo says the agency is “faithfully” applying what it described as a longstanding legal understanding. A May 22 USCIS news release put the policy in operational terms. (uscis.gov) The agency said people seeking adjustment of status “must do so through consular processing via the Department of State outside of the country,” and officers should grant adjustment inside the United States only in “extraordinary circumstances.” ### Who is affected first? USCIS spokesperson Zach Kahler said the change applies to “nonimmigrants, like students, temporary workers, or people on tourist visas,” who are in the country for a limited purpose. (uscis.gov) Kahler said, “From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” (uscis.gov) NBC News reported that, in a typical year, about 1 million people apply for green cards and roughly half file from inside the United States to change status while living here, citing former USCIS official Doug Rand. Rand said the new rule would hit a large share of applicants who had expected to complete the process without departing. ### What reason did USCIS give? USCIS said the policy returns the system to what it called “the original intent of the law.” Kahler said requiring applicants to apply from home countries would reduce the need to “find and remove” people who remain in the United States after being denied residency. (uscis.gov) He also said shifting cases to the State Department would free USCIS resources for naturalization and visas for victims of violent crime and human trafficking. (nbcnews.com) The memo itself cites Board of Immigration Appeals decisions and Supreme Court language describing adjustment of status as discretionary relief. USCIS used that legal framing to argue that consular processing, not in-country adjustment, is the default path. ### Why are lawyers and former officials calling the move disruptive? The Chicago Sun-Times reported that immigration lawyers found the memo unclear and said the change would make legal immigration harder for foreigners already in the country. (uscis.gov) Reuters, in a report carried by U.S. News, said aid groups criticized the move after USCIS announced it on Friday. (uscis.gov) Doug Rand told NBC News that “the purpose of this policy is exclusion.” Rand added that because the Trump administration has already restricted reentry from many countries, forcing applicants abroad could leave some without a workable path back to the United States. ### What happens next for applicants already planning to file? The May 22 USCIS release said officers must review cases individually and decide whether an applicant qualifies for the narrow exception for “extraordinary circumstances.” For everyone else, the next step would be immigrant visa processing through the State Department at U.S. consulates abroad, the agency said. (chicago.suntimes.com) (nbcnews.com) The May 21 memo is now posted on the USCIS policy memoranda page, and the agency said applicants and officers should use that document for guidance. Further details on implementation are likely to emerge through USCIS adjudications and State Department consular processing instructions. (uscis.gov 1) (uscis.gov 2)