The Trump administration’s announcement that people who want to apply for green cards must leave the U.S. and apply in their home countries in most circumstances sent shockwaves through some immigrant communities.
Immigration lawyers say this new policy is a departure from 70 years of practice which allowed people to file for their green cards while remaining in the U.S.
“People relied on that system, they made life-altering decisions based on it," said Ben Johnson, executive director of the American Immigration Lawyers Association. "They accepted jobs, started businesses, got married, had children, bought homes, built futures, all while following the law as Congress had written it, and as the government has applied it for decades. This policy shows a stunning disregard for those people and those decisions, and the impact it will have.”
Attorneys told Scripps News in recent days, immigration officials have asked their clients unexpected questions about factors that would prevent them from applying for green cards in their home countries.
They’ve also been asked about level of education, fluency in English, and whether they have any property or business ties to the United States.
In an online release announcing the new policy, U.S. Citizenship and Immigration Services states “Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. For a short time and for a specific purpose. Our system is designed for them to leave when their visit is over.”
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In a statement to Scripps News, a spokesperson for the agency also said “While we work to operationalize this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances.”
Immigration attorney Jeff Joseph says he will continue to encourage his clients to apply for green cards on U.S. soil.
“We'll continue to pay the filing fees and go through the rules that they've set out, and if they deny the case, we will sue them in court, and I'm convinced that we have a good argument to win,” Joseph said.
Attorneys with the American Immigration Lawyers Association say forcing people to leave the U.S. to file for green cards from their home countries could “Quickly become a one-way ticket,” because of the backlog to process applications from some overseas offices.
According to federal data, more than a million people received a green card in 2023, and 52% of those applicants were already in the U.S.
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