US changes tune on 'return home' order for green cards; DHS issues clarification
The US Citizenship and Immigration Services had said that those seeking permanent residency would have to return to their home countries for Green Cards.
One week after the US said in a directive that those trying to acquire green cards for permanent residency would have to go their home countries till the approval, the Department of Homeland Security (DHS) seems to have taken a U-turn.
According to a New York Times report, the DHS now says "only some will have to go back", and that the new policy doesn't sway from the existing rules much.
The report comes a week after Zach Kahler, a spokesman for US Citizenship and Immigration Services, said in a statement that under President Donald Trump's crackdown on immigration, those seeking permanent residency would have to return to their home countries.
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"From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances," Kahler was quoted as saying in a Bloomberg report.
"This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency," Kahler added.
U-turn on Green Card order?
The current policy allows immigrants to wait in the US for approval of their green cards. In 2024 alone, about 1.4 million green cards were reportedly issued to people, several of them through "adjustment of status," a process that allows eligible immigrants to apply for permanent residency from within the US. Applicants are usually sponsored by an employer or a close relative.
However, the order last week said people seeking permanent US residency would have to go through the process from their home country, except in "extraordinary" cases.
In a walk-back from that directive, a DHS spokesperson has told NYT that it was not a blanket change and that it would be up to immigration officers to decide if someone needs to be in their home country to apply for a green card, a provision that was already in place.
"This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis," the spokesperson was quoted as saying.
A similar clarification was issued earlier by Kahler too, who said that people providing "an economic benefit or otherwise are in the national interest" may not be asked to go abroad for the process.
The 21 May memo had sparked widespread concern, particularly among holders of F-1 student and tourist visas.
H-1B visa holders, of whom Indians account nearly 70%, were also left worried following the directive. However, reports suggest that H-1B holders are likely to receive a relatively high degree of protection under the revised framework. The 'dual intent' principle in H-1B allows visa holders to work temporarily in the United States while simultaneously seeking long-term residency.
Despite the DHS clarification on the matter, uncertainty on the future of the Green Card allocation process remains unclear.
