DHS Green Card Policy Update: What’s Changed and Why There’s Confusion

Department of Homeland Security (Department of Homeland Security) has taken action to clarify a controversial green card policy for applicants who fear they may be forced to leave the United States while their applications for permanent residence are pending.

Read more: The United States changes the “return” order for green cards; the Department of Homeland Security issues a clarification: “it is up to the immigration officials to decide”

In an announcement introducing the policy, U.S. Citizenship and Immigration Services said the policy overcomes loopholes that allow immigrants to “fall into the shadows” and live illegally in the United States after their residency applications are rejected, making the U.S. immigration system “fairer and more efficient.”

Applicants addressed concerns about the new changes. After widespread concern, the Department of Homeland Security caused confusion by issuing a clarification that most green card applicants would not automatically be required to leave the United States and complete the process abroad.

Officials said the memo was intended to remind USCIS officials of their authority to evaluate AOS on a case-by-case basis, rather than announce a blanket new rule.

According to CNN, USCIS appears to have begun implementing parts of the policy. In a request for evidence obtained by the outlet, applicants are asked to demonstrate whether factors such as family hardship, community contributions or English proficiency support their case.

Read more: Green Card Alert: New rules increase vulnerability of these U.S. visa holders; full details here

Although in the most extreme case, it could force most of the people waiting to apply to abruptly leave the United States, along with their families and way of life.

Legal experts believe this sweeping interpretation will face significant court challenges because AOS is rooted in federal immigration law passed by Congress and cannot be eliminated through administrative guidance alone.

However, Atlanta-based immigration attorney Charles Kuck told CNN that applying the policy retroactively to existing applicants would be nearly impossible to legally defend, noting that there may be more than a million adjustment applications pending.

“So, I tell clients, ‘Sit back, relax, let things flow, follow the plan your attorney has laid out, and you’ll be fine,'” Cook said.