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The U.S. Citizenship and Immigration Services (USCIS) will no longer allow most green card applicants to process their applications while present in the U.S.
With few exceptions, applicants must now apply at a U.S. consulate in their country of origin.
This policy change aims to reduce the need to locate and deport individuals who remain in the U.S. illegally after their residency is denied.
Michael Valverde, a former USCIS official, stated this decision will disrupt the plans of hundreds of thousands of families and employers each year.
Doug Rand, a former USCIS official under the Biden administration, noted that this change could affect hundreds of thousands of cases, potentially impacting immigrant spouses of U.S. citizens with temporary visas.
The new policy reverses the previous practice where many non-resident immigrants could apply for an 'adjustment of status' to obtain a green card without leaving the U.S. USCIS officials will now consider exemptions on a case-by-case basis, primarily for those who face danger in their home countries, such as refugees fleeing violence or persecution. Individuals with 'dual intent' visas, like H-1B holders for highly skilled workers, may still be able to apply for green cards through the usual process. This change introduces uncertainty and potential hardship for many immigrants and their families, possibly leading to prolonged separation or making it impossible for some to continue their lives in the U.S. HIAS, a refugee and immigrant service organization, expressed concern that this policy forces survivors of trafficking and abused children to return to the countries they fled to process their residency applications. This is one of several immigration restrictions promoted by the Trump administration, including travel bans and suspension of immigrant visa processing for certain countries.
Q: Who is most affected by this change?
Immigrant spouses of U.S. citizens with student visas and other temporary visas are likely to be significantly impacted.
Q: Are there exceptions to this rule?
Yes, those who would be in danger if they returned to their home country, such as refugees, may be exempt if deemed justified by USCIS officials.
Q: What type of visas might be exempt from this rule?
Individuals with 'dual intent' visas, such as H-1B visa holders, may still be able to apply for a green card through the usual process.
The new rule requires most green card applicants to apply from their home country, potentially disrupting the lives of many immigrants and their families in the U.S.
This change may cause significant delays and uncertainty in the green card application process.
If you are affected by this change, consider seeking legal advice to understand your options and potential exemptions.
What are your thoughts on the new green card application rules? Share your opinions and experiences in the comments below! Share this article with others who need to stay ahead of this trend!
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