Green Card News: US Tells Temporary Visa Holders to Leave Before Applying for Green Cards

U.S. Forces Most Temporary Visa Holders To Leave Country Before They Get Their Green Cards – Latest Green Card News

WASHINGTON – According to an announcement issued by the American government last week, most immigrants with temporary visas will be required to leave the U.S. before they apply for lawful permanent residency status. The new regulation is expected to affect thousands of immigrants who wish to become permanent residents of the country.

This is the latest update on green card news that affects many temporary visa holders.

New regulations released by USCIS state that most immigrants who reside in America temporarily should return to their countries and apply for an immigrant visa at U.S. consulates abroad before getting their green cards. Nevertheless, according to USCIS, certain exceptions can be granted on a case-by-case basis.

One can say that this change in guidelines is the most radical change introduced over many years. For many years, people applying for permanent residency could stay in the U.S., keep working and save themselves from applying for immigrant visas overseas. This green card news is set to impact many.

Changes in Policy Impact Time-honored Immigration Policy

Under the new policies, the immigration officers will need to regard the process of adjustment of status as an honor, which should not be granted to aliens who happen to be on temporary admission into the country. On the other hand, immigrants will need to acquire the immigrant visas from the consulates overseas that are governed by the U.S. Department of State.

The above changes in the immigration policy, according to the Department of Homeland Security, which manages USCIS, represent a return to the basic distinction between temporary and permanent immigration.

“The way it has always been intended to work, other than for administrative exceptions.”

Affecting Workers, Students, and Families

It is estimated that the new policy may affect many immigrant groups who have entered the US as temporary visitors.

The immigrants who might be affected by the new policy include highly skilled workers seeking temporary work visa permits, foreign students aspiring to reside permanently in the US, foreign exchange students, and immigrants sponsored by their family members intending to adjust their status in the US.

As indicated by the lawyers, the changes in the policy may present difficulties for immigrants who have been earning money, purchasing houses, and having families while remaining in the country as temporary residents. The employment visa application process normally allows immigrants to obtain a green card.

Criticize the Policy for Causing Separation of Families and Delay in Visa Processing

Immediately, the criticism against the policy began to pour in, asserting that there was the potential to deport the vulnerable group of people while the process of handling their immigration cases was ongoing.

HIAS, an advocacy group, noted that the memo would likely involve the deportation of some of the vulnerable members of society such as trafficking victims, child abuse victims and other vulnerable categories of people, who may become vulnerable when they return home. Also, it would take longer to handle the visa applications overseas, leading to separation of families.

Attorneys and businesses are evaluating how the new rule will impact their efforts to hire workers from overseas.

One Among Many Immigrations Policies by the Trump Administration

This is but one among the many immigration policies that have been implemented since the Trump administration resumed office.

The last year alone has witnessed stricter visa regulations, shortened validity periods of certain temporary visas, the implementation of tougher vetting processes, and stringent reviews of applications for the benefit of immigrants. As per the administration’s statement, this needs to be done to preserve the integrity of the immigration system in the country and to keep it from abuse.

Supporters of the policy feel it upholds the differentiation between temporary and permanent immigration statuses as mentioned in the law. Opponents believe it will bring about greater insecurity among individuals who have followed the immigration laws while seeking permanent residency.

Guidance and After That

Despite the immediate impact of the guidance, there is still flexibility on the part of the USCIS to give special attention to people who fall into extraordinary cases. It would not be surprising if there are already plans by various parties to test the legality of the immigration policy very soon after they evaluate its implications.

At present, the new guidance must already be considered when applying for green cards while being within the U.S. as a foreigner.

This immigration policy could bring about changes in the U.S. government’s approach to dealing with the numerous applications for green cards by temporary visa holders.

By David Loran Jr

A successful Editor-in-Chief, journalist for over 6 years, writing about important topics that are going on within the U.S. and beyond.

Sources:

Al-Jazeera: US says temporary visa holders should leave to apply for Green Cards

CBS News: Trump administration to require most immigrants seeking green cards to leave the U.S. first

The Washington Post: New rule requires most green-card applicants to apply from outside U.S.

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Inset Image #1 Courtesy of Matt Johnson‘s Flickr Page – Creative Commons License

Inset Image #2 Courtesy of Alpha Photo‘s Flickr Page – Creative Commons License