Who must leave the U.S. to get a green card and who doesn’t: New USCIS rule, clarification explained
A week ago, USCIS announced that immigrants must leave the United States and wait for immigration approval in their home countries. green cardAs industries hit the panic button, the government changed its stance. Now, the administration says this is not a major policy change and that not all immigrants seeking green cards will need to return to their home countries, and in fact, most of them will not. The clarification came from the Department of Homeland Security and was seen as a partial retraction of the announcement. But experts are unsure whether the memo and its clarifications, which are also very confusing, will change anything.
Green card rules : What we know so far
- Most immigrants can remain in the United States while their green card applications are processed.
- The first announcement is not a policy change, just a reminder that the immigration officer will use his/her discretion to decide cases.
- Adjustment of status, which allows H-1B or other visa holders to convert to a green card and simply remain in the United States without consular proceedings, is not the default practice.
Who will have to leave the United States?
This is not yet clear, but experts have concluded from several statements issued by the government that those who are not critical to U.S. interests and have questionable records in the United States may have to return to their home countries.The immigration officer handling the case will decide whether the green card applicant should stay in the United States or leave.
Who doesn’t have to leave the United States?
Highly qualified professionals who are law-abiding residents can obtain a green card without leaving the United States. They serve U.S. interests and provide economic benefits to the U.S. so they can stay.Immigration attorneys are unsure what to conclude from the USCIS memo and DHS clarification. They are waiting to see how this new rule, if there is one, will be implemented.
