Who has to leave the US for a Green Card and who doesn’t: New USCIS rules, clarifications explained
A week later USCIS announced that immigrants must leave the US and wait in their home countries green cardThe administration has changed its stand after the industries pressed the panic button. Now the administration says this is not a major policy change and that not all immigrants seeking green cards will be required to return to their home countries and, in fact, most of them will not. This clarification comes from the Department of Homeland Security and is being seen as a partial retraction on the announcement. But experts aren’t sure whether the memo and its explanation will change anything, because the explanation is too confusing.
green card rules :What we know so far
- Most immigrants will still be able to live in the US while their green card applications are processed.
- The first announcement was not a policy change, but merely a reminder that immigration officials will use their discretionary authority to decide on cases.
- Adjustment of status that allows H-1B or other visa holders to simply switch to a green card while in the US – without going through the consular process – is not a default.
Who will have to leave America?
There is no clarity on this, but several statements issued by the administration have revealed to experts that people who are not very important to US interests, who have questionable records in the US, may have to return to their country.Immigration officials looking into the case will decide whether the green card seekers will stay in America or leave.
Who wouldn’t have to leave America?
Highly qualified professionals who are law-abiding residents will not need to leave the US for their green card. They serve American interests and provide economic benefits to the United States and hence get a chance to live there.Immigration lawyers aren’t sure what to make of the USCIS memo and the DHS clarification. They’re waiting to see how this new rule, if there is a new rule, is implemented.