Immigration experts find the clarification on the new green card rule even more confusing.
A week after USCIS announced that immigrants would have to leave the United States and wait in their home countries to obtain a green card, the administration changed its stance as industries hit the panic button.
Now the administration said that was not a major policy change, not all immigrants seeking green cards would be required to return to their home country, and in fact, the majority of them would not be asked to do so.
This clarification came from the Department of Homeland Security and is seen as a partial reversal of the announcement. But experts are not sure whether the memo and its clarification change anything, as the clarification is also very confusing.
Green card rules : What we know so far
- Most immigrants will still be able to remain in the United States while their green card applications are processed.
- The first announcement was not a change in policy, but merely a reminder that the immigration officer will use his or her discretion to decide cases.
- An adjustment of status that allows H-1B visa holders or others to convert to a green card who are only U.S. residents — without going through the consular process — is not hypothetical.
Who will have to leave the United States?
There is no clarity on this matter, but what experts have gathered from several statements made by the administration is that those who are not critical to the interests of the United States, and who have a questionable record in the United States, may be forced to return to their home country.The immigration officer handling the case will decide whether green card applicants will remain in the United States or deport.
Who wouldn’t have to leave the United States?
Highly qualified professionals and law-abiding residents will not have to leave the United States to obtain their green cards. They serve U.S. interests and provide economic benefits to the United States, and thus can survive.Immigration lawyers aren’t sure what to make of the USCIS memo and DHS clarification. They are waiting to see how this new rule, if there is a new rule at all, will play out.