Waiting for a green card? Leave the United States first and then re-enter on an immigrant visa

In a major move, U.S. Citizenship and Immigration Services will require individuals awaiting green cards to leave the United States and wait in their home countries. According to the Daily Caller, the U.S. Citizenship and Immigration Services announced new guidance instructing 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 should generally occur outside the United States. U.S. Citizenship and Immigration Services Director Joseph Edlow shared the news report, saying that the agency is ensuring that there is a distinction between temporary entry and permanent residence, and that the time in between should be spent in one’s own country.

Non-immigrant visas and immigrant visas

The target of this new regulation is not illegal aliens, but those holding temporary visas such as B1/B2, F1/M1, J1, H-1B, O-1, etc. These visas are for visitors, students and workers with non-immigrant intent, meaning they come to the U.S. not to stay permanently but with a purpose. They can then apply for permanent residence or a green card, with waiting times varying depending on their country of origin. For example, for Indians, the waiting time is very long. While they wait, their visas are renewed.But Donald Trump’s administration is planning to send these people back to their home countries while they wait for their green cards.New USCIS guidance says individuals seeking lawful permanent residence generally need to return to their home country, complete a screening process and obtain an immigrant visa through the U.S. Department of State before re-entering the United States as immigrants.Immigrant visas can be employment-based or family-based, and can be for investors who clarify their intention to live in the United States before entering the country.“Under President Trump, USCIS is returning to the original intent of the law and strengthening the appropriate distinction between temporary entry and permanent residence. Aliens who come to the United States temporarily and subsequently seek permanent residence should apply for an immigrant visa through the appropriate channels in their home country before being admitted as immigrants,” said Joseph Edlow.The document also says that only under “exceptional circumstances,” individuals should be allowed to remain in the United States and complete the adjustment of status process at home and be reviewed by USCIS officials, rather than going through the standard immigrant visa process abroad.