CLEVELAND — Every year, thousands of people in Ohio are granted Green Cards, giving them lawful permanent resident status in the United States. But a new policy memo from U.S. Citizenship and Immigration Services (USCIS) could dramatically change that process, requiring many applicants to leave the country before applying.
The USCIS memo, issued in late May, states:
“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
The policy specifically addresses Adjustment of Status — the process in which certain visa holders, such as students, temporary workers, or tourists, apply for a green card from within the U.S.
Immigration attorney Stacy Cozart Martin says the change will affect anyone in the U.S., from students on visas to temporary workers, to visitors who want to apply for a Green Card.
“What are you going to do if you can't get a Green Card? How's that going to be for an employer? You're going to train someone for six years, they know the job, they're doing the job well, but then they can't stay here permanently,” said Martin.
According to the memo, the goal is to uphold the original intent of immigration law:
“Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.”
USCIS also says shifting applications to consular processing abroad will free up the agency to focus on other priorities — like visas for crime victims, naturalization applications, and human trafficking cases.
“It is a terrible way to treat people who have been contributing legally and successfully to our society, to put them through extra hurdles and loop and hoops to be able to get access to their pathway to be a citizen,” Congresswoman Shontel Brown said.
Brown says she doesn’t understand the decision.
“I don't think that this is the right direction. Yes, our immigration policy certainly needs to be reformed, but this is not the way about doing it,” said Brown.
We reached out to Sen. Bernie Moreno, who sits on the Senate Committee on Homeland Security and Governmental Affairs and has been consistently supportive of the Trump administration's immigration policy. A spokesperson for the senator today said she could not supply a comment at this time.
You can find the full memo below:
U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. 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. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
Nadeen Abusada is a Cuyahoga County and immigration reporter at News 5 Cleveland. Follow her on Instagram NadeenAbusada or email her at Nadeen.Abusada@wews.com.
