The United States plans to return those waiting for their green cards to their home countries.
In a huge move, US Citizenship and Immigration Services will ask individuals waiting for their green cards to leave the country and wait in their own country. USCIS announced new guidance to direct immigration officials to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that generally must take place outside the United States, the Daily Caller reported.
USCIS Director Joseph Edlow shared in the news report that the agency makes sure there is a distinction between temporary admission and permanent residency and the period between them must be spent in his country.
Nonimmigrant visa vs immigrant visa
The target of this new rule is not illegal aliens but those who come on temporary visas such as B1/B2, F1/M1, J1, H-1B, O-1 etc. These visas are intended for tourists, students, and workers who come with nonimmigrant intent, which means they come to the United States not to stay permanently but for some purpose.
They can then apply for permanent residency or a green card, and the waiting time varies depending on their country of origin. For example, for Indians, the waiting time is huge.
While they wait, their visa is renewed.But the Donald Trump administration plans to send these people back to their home countries while they wait for their green cards.New USCIS guidance states that individuals seeking lawful permanent residence will typically be required to return to their home country, complete screening procedures and obtain an immigrant visa through the US Department of State before returning to the United States as immigrants.
Immigrant visas can be work-based, family-based, or for investors who make clear their intent before entering the United States that they will live in the United States.“Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residency. Aliens who come to the United States temporarily and later seek permanent residency must obtain an immigrant visa through the appropriate channels in their home countries before they can be accepted as immigrants,” Joseph Edlow said.The document also states that individuals should only be allowed to remain in the United States and complete the adjustment of status process domestically in “exceptional circumstances,” with vetting conducted by USCIS officers rather than the standard immigrant visa process abroad.