- The Trump administration has introduced a new policy through U.S. Citizenship and Immigration Services (USCIS) that mandates immigrants seeking permanent residency to apply from outside the country, even if they are currently in the U.S. temporarily.
- This guidance significantly impacts individuals, including spouses and family members of U.S. citizens and H-1B visa holders, potentially forcing them to leave the U.S. and apply from their home countries, which could trigger a 10-year re-entry bar for those who overstayed a visa.
- USCIS, operating under the Department of Homeland Security, is increasingly functioning as a law enforcement arm in the administration's mass deportation efforts, shifting its traditional role of administering immigration benefits.
- Critics, including immigration experts and advocacy groups, condemn the policy as detrimental, arguing it forces qualified individuals to separate from their families and jobs for years, and contradicts federal immigration law regarding status adjustment.
- The new policy emerges as USCIS faces a substantial backlog of cases, which has tripled over the last decade, while a separate "gold card" program offering fast-track green cards for a $1 million donation has seen minimal interest and is subject to a federal lawsuit.
IN FULL
Trump is forcing green card applicants back to their home countries to wait for permanent residency
