As the Donald Trump administration has significantly tightened the process for obtaining permanent residency (green cards), concerns are growing that even lawful residents who have been applying for green cards from within the United States could be affected.
According to Bloomberg on the 2nd (local time), the U.S. government recently rolled out a policy requiring most foreigners applying for permanent residency to leave the United States and proceed at U.S. consulates overseas. A subsequent notice recognized some exceptions, but because the specific scope of application is unclear, confusion continues among applicants, corporations, and immigration attorneys.
Bloomberg warned in particular that the measure could target lawful immigrants, not undocumented residents. Typical examples are engineers, corporate executives, and spouses of U.S. citizens who have spent years preparing to obtain permanent residency through legal procedures.
James Hollis, an immigration attorney in Memphis, Tennessee, said, "This change effectively affects everyone," and "Even applicants who have followed the normal process are now facing uncertainty."
Family-sponsored green card applicants for U.S. citizens are also expected to be affected. Charles Kuck, former president of the American Immigration Lawyers Association (AILA), said, "U.S. citizens may have to live apart from their spouses, parents, or children for extended periods," adding, "Ultimately, U.S. citizens will be affected as well."
Corporations are on edge too. The government's guidance could affect the green card process for holders of H-1B visas for highly skilled professionals and L-1 visas for managers at multinational corporations. The two visas have served as key channels for U.S. corporations to hire overseas talent.
In fact, according to the Brookings Institution, a U.S. think tank, an estimated about 668,000 jobs were lost last year due to intensified raids by U.S. Immigration and Customs Enforcement (ICE). Tracking 86 cities where ICE arrests surged, researchers found that, on average, 13 local jobs disappeared for every one immigrant arrested by a raid team.
The Trump administration said the measure is meant to restore the original intent of the law. Jack Kellar, a Spokesperson for U.S. Citizenship and Immigration Services (USCIS), said on the 22nd of last month that it is "returning to the original intent of the law so that foreigners use the U.S. immigration system properly." USCIS also said exceptions could be recognized when there is high economic contribution or alignment with the national interest. The Department of Homeland Security (DHS) likewise said highly skilled workers would not be significantly affected.
But anxious voices persist on the ground. Xiao Wang, who runs Boundless Immigration, an immigration services firm in Seattle, said some clients are already being asked to provide additional explanations for choosing to adjust status within the United States.
Immigration attorneys argued that the Trump administration's move overturns the existing legal interpretation. The American Immigration Lawyers Association noted that a law enacted in 1952 allows foreigners to apply for permanent residency while staying in the United States.
Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, said, "This is an attempt to change a legal interpretation that has held for decades," adding, "Congress has long maintained a clear position on this issue."
Stephen Brown, an immigration attorney in Houston, said some clients who applied for green cards in 2020 have been waiting more than five years for results, adding, "They worry that their green cards could be denied even though their families, jobs, and lives are all in the United States."