Trump policy would send most green card seekers abroad

Summary

A new Trump administration policy would require many green card applicants in the U.S. to leave and apply abroad.

Why this matters

The policy could affect hundreds of thousands of green card cases each year, including applications tied to marriage and employment. For some immigrants, leaving the U.S. could trigger reentry bans or leave them unable to return because of other administration restrictions.

The Trump administration on Friday announced a policy that would require many immigrants already in the U.S. to leave the country before seeking permanent residency, further limiting legal immigration.

U.S. Citizenship and Immigration Services said most immigrants seeking a green card would no longer be able to complete the process in the U.S. through adjustment of status. Instead, officials said, they would generally need to return to their home countries and apply for an immigrant visa at a U.S. consulate.

The change could affect students, tourists, other temporary visa holders, and some people who entered legally but overstayed their visas, including those seeking green cards through sponsorship by U.S. citizen spouses or employers.

For some immigrants, leaving the U.S. could make reentry difficult or impossible. Citizens of 39 countries, most in Africa and Asia, face entry bans or restrictions under Trump’s travel ban. A separate administration policy has paused immigrant visa grants for people in 75 countries seeking to move to the U.S. permanently. In most cases, people who overstayed visas and then leave the U.S. after living here unlawfully for some time trigger 10-year bars on reentry.

The policy appeared to leave exceptions for people with “dual intent” visas, including H-1Bs, as well as refugees and asylees.

“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 spokesman Zach Kahler said. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”

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