In what is being branded by immigration experts as the most significant step yet of the Trump administration to reshape legal migration into the U.S., the White House recently announced that it is going to require most foreigners in need of a green card to apply from outside the country. Why does this matter, and what are the potential ramifications? Read on for all of the details of the new immigration guidance.

Major Change to Green Card Process Announced by White House

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that it was making a major change in how foreigners receive green cards. The current process allows foreigners to apply while already on U.S. soil. However, the new six-page policy memo details how those seeking green cards will need to start the application process from their home country.

The new guidelines tell foreign visitors to apply for permanent status through their home U.S. State Department consulate office. USCIS spokesman Zach Kahler defended the move, issuing a statement saying that “Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.”

According to federal data, the U.S. authorizes over 1 million green cards each year. Of this number, more than half are already living within the country's borders when the green card is approved.

Elizabeth Goss, an immigration attorney and board member at Immigrants’ List, an immigrant rights advocacy organization, criticized the decision by the Trump administration. Goss noted that the move will impact thousands of people, saying that "there’s no true policy reason behind this. It’s not a security issue — these people have already been vetted for temporary, nonimmigrants visas. This will affect doctors, professors, researchers, CEOs.”

USCIS Director Joseph Edlow said there may be some people who will qualify for an exception to the new guidance. This would include people in the U.S. living on "dual intent" visas. This specific type of visa allows immigrants to apply for a legal status while living in the U.S. temporarily.  

What is Next?

The White House did not elaborate on the details of the specific visa categories. Kahler said that applicants who provide an economic benefit to the country will continue to be allowed to apply from within the U.S. However, he did not provide information on what types of benefits would meet the standard. Nor did he indicate how the determinations would be made by the USCIS. As such, there is still a good amount of gray area surrounding the updated guidance.

Immigration lawyers immediately noted that the decision will face significant legal challenges. Attorney Ben Osorio called the new rules "ludicrous," saying that he cannot believe that they will survive a court challenge. Osorio acknowledged that the latest guidelines appear to target people who enter the U.S. legally but overstay the length of their visas with the intent of later applying for a green card. He said that this is a common pathway that immigration attorneys process every day.

Stephen Brown, a lawyer who specializes in business-related immigration, noted that the federal government has the power to process status adjustment applications from individuals already in the U.S. Brown said that the administration is trying to ban this process almost completely.

Advocates representing immigrants are now working overtime to assess the potential fallout from the change in guidelines. For example, groups that speak for Afghan and Iranian immigrants said that the U.S. federal government does not have diplomatic relations with these two Middle Eastern nations. As a result, there are no consulates in Iran or Afghanistan where people can apply for a visa before arriving in the U.S.

Jamal Abdi, president of the National Iranian American Council, called the decision "a trap." Abdi said, “The administration is telling Iranians who have built their lives here legally: Leave, and once you do, you’re not coming back.”

In addition, experts on immigration are warning that the new process will complicate an already backlogged State Department. The agency is already facing immense delays in processing visas for foreigners on U.S. soil as students and tourists. The expected influx of green card applications under the updated guidelines would exacerbate these delays.

According to an analysis of federal data from the libertarian Cato Institute, the Trump administration has already curtailed the number of people seeking asylum and the number of refugees trying to enter the U.S. A spokesperson with the institute noted that the guidelines are another step by the White House to eliminate protections for immigrants with pending green card applications. In effect, the new guidance would lock out people trying to return on a green card once they step out of the country.

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