An abrupt shift in U.S. green card policy threatens to pointlessly complicate the lives of immigrants here legally and further erode paths to citizenship.
As ordered by the Trump administration, foreign nationals who want to make the U.S. their permanent residence will have to return to their country of origin to apply for a green card. Many of the immigrants applying for green cards are here on temporary visas, such as H-1Bs, or are married to U.S. citizens. This move could separate immigrants from their U.S.-based families and jobs for weeks if not months or years.
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This is a plain attempt to restrict legal immigration.
The Trump administration was right to curb unauthorized border crossings and the abuse of asylum cases during the Biden administration. But legal and orderly migration should be encouraged. It is fundamental to the American project.
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Unfortunately, the Trump administration has shown little interest in creating an efficient immigration system. This new measure, in practice, will add uncertainty to the process and make it more difficult, resulting in fewer immigrants.
For decades, eligible non-citizens have been able to apply for a green card while living in the U.S. Typically, immigrants with family ties to a U.S. citizen or workers employed and sponsored by a U.S. company can apply for permanent residence. This process — also known as adjustment of status — is costly and can take several years.
Last Friday, U.S. Citizenship and Immigration Services said in a statement that visitors should leave when their time is done, calling legal paths to green cards "loopholes." This policy change is not going through the rulemaking process, so it should take place immediately, immigration analysts said. Legal challenges are expected.
Hundreds of thousands of immigrants apply for a green card each year. This policy change will shift more immigrant visa processing to U.S. consulates. Immigration authorities will only allow applicants to stay in the country in "extraordinary circumstances," which are yet to be clearly defined. And no word from the administration on adding staff to U.S. consulates, already burdened with other visa applications.
Getting a visa interview at a U.S. consulate can take over a year, depending on the country. The application can be denied on site.
Unlike decisions by U.S. Citizenship and Immigration Services stateside, consulate decisions are not reviewable.
A change of this magnitude could encourage illegal migration. For many visa holders, returning to their home country is not an option.
The administration's announcement was vague and sparked anxiety and confusion. The Trump White House owes clarity to immigrants trying to follow the rules.
Better yet, it should stop treating immigrants as the enemy.
