New Rules for Green Card Applicants in the United States

Darwin, 24 May : The US government has announced a new policy for foreign nationals seeking permanent residency through a Green Card. Under the new rules, most immigrants wishing to obtain a Green Card will now have to apply from outside the United States through a US embassy or consulate abroad.

The US Citizenship and Immigration Services (USCIS) announced the change on Friday (May 22).

According to USCIS, individuals seeking to adjust their immigration status will, “except in extraordinary circumstances,” be required to apply through consular processing outside the United States.

The move is being described as part of the Trump administration’s effort to curb illegal immigration. Until now, many visa holders and visitors were able to apply for Green Cards while remaining in the US, and the administration says the new policy is intended to close loopholes in that system.

Critics of the policy argue that the long-standing process helped families remain together during lengthy application periods. Under the new system, some applicants who leave the US in hopes of obtaining a Green Card may face difficulties — or even be unable — to return.

USCIS guidelines state that individuals such as students, temporary workers, and tourist visa holders will now generally be required to apply through the State Department from outside the United States.

The agency also said, “When foreign nationals apply from their home countries, the need to locate and remove them is reduced. Many individuals attempt to remain in the United States unlawfully even after being denied.” USCIS described the new process as “fairer and more effective.”

The Department of Homeland Security, which oversees USCIS, stated: “The era of abusing our nation’s immigration system is over.” USCIS spokesperson Jack Kalar said, “We are returning to the original intent of the law, ensuring that foreign nationals follow our immigration system properly.”

He added, “From now on, any foreign national temporarily staying in the United States who wants a Green Card will generally have to return to their home country and apply, unless there are exceptional circumstances.”

According to him, the policy will ensure the immigration system functions “as intended by law” and will close loopholes instead of encouraging their use.

He also said that travel to the United States “should not serve as the first step in the Green Card process.”

It remains unclear whether pending Green Card applications will be affected. A USCIS spokesperson told the BBC that individuals whose applications provide “economic benefit or serve the national interest” may still be allowed to continue under the current process.

The spokesperson added, “Others may be required to apply from abroad depending on their individual circumstances.” It is worth noting that the Green Card process involves multiple stages and can take anywhere from several months to many years.

According to the director of immigration studies at the Cato Institute, more than one million legal immigrants are currently waiting for approval of their status adjustment applications.

USCIS spokesperson Jack Kalar argued that following the law would allow the US State Department to handle most cases through consular offices abroad.

This, he said, would enable USCIS to redirect resources toward other matters, such as visas for victims of violent crimes and human trafficking, as well as citizenship applications.

The agency said the move is consistent with long-standing immigration laws and court rulings. Immigration officers have been instructed to “consider all relevant facts and circumstances in each case” when determining whether an individual qualifies for this type of relief.

Michael Valverde, who served as a senior USCIS official under both Republican and Democratic administrations until his departure last year, told CBS, the BBC’s US media partner, that Friday’s announcement would “disrupt the plans of millions of families and employers every year.”

He further stated, “This is an almost unprecedented step that will significantly restrict legal immigration to the United States. People who have followed the rules will now face major uncertainty.”

The Trump administration has already imposed bans or various restrictions on nationals from nearly 40 countries. Earlier this year, another administration policy suspended the issuance of immigrant visas for applicants from 75 countries, including Bangladesh.

According to the US State Department, remaining in the United States after a visa expires can result in deportation, future visa ineligibility, and re-entry bans of up to 10 years.