WASHINGTON — Foreigners in the U.S. who want a green card will need to leave and apply in their home country, the Trump administration announced Friday. The surprise change to a long-standing policy sowed confusion and concern among aid groups, immigration lawyers and immigrants.
For over half a century, foreign nationals with legal status have been able to apply for and complete the entire process for permanent residence in the United States — including individuals married to U.S. citizens, holders of work and student visas, and refugees and political asylum-seekers, among others.
The announcement from U.S. Citizenship and Immigration Services is the latest step by the Trump administration making legal immigration more difficult for foreigners already in the U.S. and for those hoping to come here.
The changes comes on top of steps the administration has already taken to restrict and limit entry for people from dozens of countries. In some cases, there are outright bans on travel from those countries, while people from others face pauses in visa processing. Experts and attorneys warned that forcing people from those countries to return home to apply for a green card would result in them being barred from coming back.
“If families are told that the noncitizen family member must return to his or her country of origin to process their immigrant visa, but immigrant visas are not being processed there, it’s a catch-22. These policies will effectively create an indefinite separation of families,” wrote World Relief, a humanitarian and refugee resettlement organization.
In the announcement, USCIS said foreigners who are in the U.S. temporarily and who want to apply to become lawful permanent residents, or green card holders, have to return home and apply there, except in “extraordinary circumstances,” without elaborating. USCIS officers would decide whether applicants meet those.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the green card process,” the agency said in a statement.
The USCIS announcement did not say whether individuals would be required to remain in another country throughout the entire process, or whether the policy impacts foreigners whose green card applications are already underway.
The agency did not respond to emailed questions about how many people would be affected or criticism of the news.
By the afternoon, the Trump administration’s new guidance on green cards already had caused confusion among Chicago-area immigration attorneys and their clients.
Enrique Espinoza, a staff attorney with Chicago-Kent College of Law, said his office received “plenty” of calls Friday from clients worried about pending or planned green card applications.
But Espinoza said the difference between “adjustment of status” compared to “consular processing” is key.
Adjustment of status allows some immigrants to apply for a green card while staying in the United States.
Consular processing requires a person to leave the United States and apply through a U.S. consulate or embassy abroad.
For many families, that difference matters. Leaving the country can bring serious risks. Some applicants may face penalties tied to time spent in the U.S. without authorization. Others could get stuck in backlogged consulates. If a consulate denies the application, Espinoza said, there may be few ways to challenge that decision.
The concern, he said, is that people who once could complete the green card process from inside the U.S. may now be pushed into a slower and riskier process abroad.
Espinoza said the memo announcing the new policy is unclear. Attorneys are still trying to determine whether that confusion is intentional.
“Whoever wrote this either did it purposely in that manner, or they are just not capable of writing clearly,” he said.
For families in Chicago and elsewhere, the stakes could be high. It could mean leaving behind jobs, children, spouses and homes for an interview abroad, or delay applying because returning is not guaranteed.
Still, Espinoza urged caution. The memo is new. Attorneys are still reviewing it against existing law and regulations. He said people should not assume from headlines or social media posts that they will be removed from the country or that their applications will automatically be denied.
“It’s not as clear as it should be, and this is very recurrent with this administration. They write it in a way that it’s not really clear for everyone … and it’s just creating a lot of chaos.”
He urged immigrants to give attorneys and and legal organizations time to review the memo before making decisions about their cases.