A Trump administration immigration guidance could require some green card applicants to leave the United States and complete the process abroad, prompting concerns from attorneys and legal scholars who say the policy may create new hurdles for immigrants seeking permanent residency.
How could the new policy affect immigrants in the United States?
Immigrants seeking green cards through marriage, family sponsorship or employment have long been able to remain in the United States during the process. However, the new federal policy memo could tighten reviews for applicants who overstayed visas or lost legal status, potentially changing how they complete the process, according to MPR News.
The Trump administration stated in the memo that obtaining a green card from inside the U.S. is not guaranteed and is up to officials’ discretion, and that applicants may be directed to complete the process through a U.S. consulate abroad instead.
Minnesota-based immigration attorney David Wilson said the policy could turn away immigrants due to overstayed visas or loss of legal status, leading to denied green card applications.
“This new policy is the government’s attempt to try to tell people that if you overstay your visa, then you should not plan on later applying for residency within the United States,” Wilson said, per MPR News. “That we want to force you back to your country, touch the ground there, and go back before the embassy.”
Legal scholar explains the risks immigrants will face with new policy
Immigration officials may also introduce more discretionary reviews and require some applicants to provide additional information on employment history, taxes and language skills, Wilson said.
University of Minnesota Law School visiting professor Ana Pottratz Acosta said the memo itself doesn’t change immigration law, but it could face legal scrutiny if officials apply it too broadly.
“In reading through the memo, it appears to contradict what is actually stated in the statute, and that is what I think makes it vulnerable to a legal challenge,” Pottratz Acosta said, according to MPR News.
She added that families of U.S. citizens, including spouses and parents who entered the country legally but later overstayed visas, could be among those most affected.
Immigration attorneys also warn that requiring applicants to attend interviews abroad carries significant risks because visa denials could leave some immigrants stranded outside the United States indefinitely.
“There’s no guarantee that you’re going to get your visa,” Pottratz Acosta said. “If your visa is denied, you would be permanently stuck outside of the United States.”