Trump Administration Implements Policy Limiting Green Card Access

The Trump administration has introduced a policy designed to make obtaining permanent residency more challenging for immigrants already in the U.S. The new rule removes the option for many immigrants to complete the green card process without leaving the country. Instead, they must apply for an immigrant visa abroad through a U.S. consulate.

This policy impacts groups such as students, tourists, and temporary visa holders, including those who legally entered the U.S. but overstayed their visas. These individuals must now leave the U.S. to pursue a green card through sponsorship from U.S. citizen spouses or employers.

For many immigrants, returning home poses a risk of being unable to return to the U.S., particularly for citizens from 39 countries, mainly in Africa and Asia, currently facing travel bans due to national security concerns.

“This is a largely unprecedented move that will limit lawful immigration to the U.S. greatly,” said Michael Valverde, a former senior official at U.S. Citizenship and Immigration Services.

The memo from USCIS categorizes the adjustment of status process as “extraordinary” relief. It directs officers to view using this process, rather than the consular one, as an “adverse factor” in applications. While specific exemptions were not detailed, those on ‘dual intent’ visas, refugees, and asylees may still apply for green cards in the U.S.

Zach Kahler, a USCIS spokesman, explained that the policy is intended to ensure the immigration system functions as the law intended, reducing the incentive for people to remain in the U.S. illegally after being denied residency.

Doug Rand, a former senior USCIS official, noted the changes could affect hundreds of thousands annually. Immigrant spouses of U.S. citizens with temporary visas may be among the hardest hit.

Rand remarked that many may find themselves stuck overseas, particularly if they come from countries facing strict entry restrictions under the Trump administration.