Congressional Democrats are pressing the Trump Administration to reverse the recent changes to the green card application process. The USCIS memo, in simple terms, means that a foreigner who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.
In a letter to United States Citizenship and Immigration Services (USCIS) Director Joseph Edlow, the lawmakers write, “We urge you to reverse this new policy and restore adjudications of adjustment of status applications in a manner consistent with the law, longstanding practice, and congressional intent.”
USCIS had earlier announced a new policy memo forcing foreigners seeking ‘adjustment of status’ to do so through consular processing via the Department of State outside of the country. USCIS Officers were directed to consider all relevant factors and information on a case-by-case basis when determining whether the foreigner requires this extraordinary form of relief.
Adjustment of Status (AOS) is the process that allows eligible individuals already in the US to apply for lawful permanent resident status — a green card — without having to leave the country. That convenience is now under serious scrutiny.
Nonimmigrants in the U.S., including students, temporary workers, and tourists, enter US for limited durations and specific purposes. USCIS and other US authorities believe that the immigration system is structured to ensure that they depart once their visits conclude, and these visits should not be seen as preliminary steps toward obtaining a Green Card.
Adjustment of Status
Adjustment of status is the statutory process by which immigrants may apply for lawful permanent residence, often called a ‘green card,’ from within the United States. The rules for the Adjustment of status have not been changed, but the memo reminds officers to take up such green card cases more strictly.
Essentially, this guidance creates a policy preference for consular processing abroad over adjustment of status in the United States, requiring applicants to meet new, undefined discretionary criteria to be processed domestically.
The lawmakers continued: “Adjustment of status ‘is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas.’ This is simply incorrect.
There is no statutory preference for consular processing, and legislative history shows that Congress has long maintained a strong preference in favor of allowing eligible noncitizens to adjust status in the United States.
In the limited circumstances in which Congress intended to restrict adjustment of status, statutory text has been amended to prevent certain classes of noncitizens from using the process. When individuals are in the United States and eligible for adjustment of status, legislative history shows that Congress has a strong preference that such individuals have an opportunity to adjust their status while remaining in the U.S.”
In the letter to the USCIS chief, the lawmakers concluded: “By directing adjudicators to treat adjustment of status as an ‘extraordinary form of relief’ and by creating a policy preference for consular processing, the memorandum undermines the very purposes Congress sought to advance when enacting and amending section 245 of the INA.”
The lawmakers also raised 9 pointed questions for the USCIS to address, one of which was on the applicants with ‘dual intent’.
The memorandum refers to noncitizens with “dual intent” as an exception, but includes a footnote stating that “maintaining lawful status in a dual intent nonimmigrant category is not sufficient, on its own, to warrant a favorable exercise of discretion.” How will this new policy be applied to individuals with dual intent seeking to adjust status within the United States?
Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. Financial Express is not responsible for any decisions made based on this information.