A week after the United States Citizenship and Immigration Services (USCIS) announced that immigrants would have to leave the US and wait in their home countries for a Green Card, the administration reversed its stance amid industry pressure. The Department of Homeland Security (DHS) clarified that the initial announcement was not a major policy change and that most Green Card applicants will not be required to return to their home countries.
Green Card Rule: What We Know So Far
Most immigrants will still be able to remain in the US while their Green Card applications are processed. The first announcement was merely a reminder that immigration officers have discretionary authority to decide cases individually. The adjustment of status process—which allows H-1B or other visa holders to switch to a Green Card without leaving the US—remains available but is not guaranteed.
Who Will Have to Leave the US?
There is no clear-cut answer, but based on statements from the administration, those who are not deemed crucial to US interests or have a questionable record in the US may be required to return to their home countries. The immigration officer handling each case will decide whether the applicant must leave or can stay.
Who Will Not Have to Leave the US?
Highly qualified professionals who are law-abiding residents will not be required to leave the US for their Green Card applications. These individuals serve US interests and provide economic benefits, allowing them to remain in the country during processing.
Immigration attorneys remain uncertain about the implications of the USCIS memo and the DHS clarification. They are awaiting further developments to understand how this policy will be implemented in practice.
