Trump Administration Requires Temporary Migrants To Leave U.S. To Apply For Green Card

The Trump administration announced that foreigners in the United States who want a "green card" must leave the country and apply from their country of origin, a change USCIS said would apply "except in extraordinary circumstances."

“WASHINGTON -- Cuando el gobierno del presidente de Estados Unidos, Donald Trump, anunció la semana pasada que exigiría a quienes buscan una tarjeta de residencia permanente que presenten la solicitud desde sus países de origen en lugar de hacerlo en Estados Unidos, el teléfono de la abogada de inmigración Flavia Santos Lloyd no dejó de sonar, con clientes preocupados por cómo podría afectarles”

ABC7 Los Angeles

USCIS spokesperson Zach Kahler said, "From now on, a foreign national who is temporarily in the United States and wishes to obtain the permanent resident card (green card) must return to his or her country of origin to apply for it, except in extraordinary circumstances," and the policy was described as requiring processing at a U.S. consulate abroad.

ABC7 Los Angeles

ABC7 Los Angeles reported that immigration lawyer Flavia Santos Lloyd said the new rule would "Tiene un efecto paralizante" because clients would have to "esperar y ver qué ocurre" while the policy’s exceptions and enforcement remained unclear.

El Periódico and Diario Las Américas both tied the shift to the Immigration and Nationality Act, saying temporary visa holders seeking permanent residency must depart the United States and process the application at a U.S. Department of State consulate in their country of origin.

Immigration lawyers said the USCIS memo and guidance left them without clarity on who would be required to leave, and El País described the reaction as "Confusion, uncertainty, and panic" after the May 22 memo pushed applicants to complete the process from outside the United States.

El País quoted Jeff Joseph, president of the American Immigration Lawyers Association, saying, "The impact has been titanic compared with anything we have seen from this Administration," and it noted the association organized a virtual meeting to handle requests from media, lawyers, and affected people.

Diario Las Américas

ABC7 Los Angeles reported that Charles Kuck said the change was "simplemente un intento de tratar de limitar y asustar a la gente para que se aleje del proceso de inmigración legal" and added, "Esto es una táctica de intimidación" while he expected legal action.

The same ABC7 report said USCIS told The Associated Press that people who provide a "beneficio económico" or a "interés nacional" likely could apply from the United States, while it said nonimmigrants such as students or temporary workers should leave when their authorized period ends.

Beyond the green card processing change, The Times of India reported Homeland Security secretary Markwayne Mullin telling migrants under Temporary Protected Status that they should either apply for permanent residency or prepare to leave, saying, "Either try to fill out the paperwork and be here underneath a permanent status or we'll help you get back."

“Confusion, uncertainty, and panic”

EL PAÍS

The Times of India added that Mullin said the government could provide "a plane ticket, plus roughly $2,100" to help people re-establish after they return, and it said the Supreme Court ruling could lead to major changes in immigration protections for people covered by TPS.

The Times of India reported that the ruling affects an estimated 350,000 Haitians and around 6,000 Syrians, and it said protections expiring could expose people to detention or deportation by Immigration and Customs Enforcement (ICE).

In a separate thread about green card eligibility, La Nación said USCIS’s measure narrowed Section 245(a) and listed categories it deemed ineligible to adjust status, including foreign crew members and people who violated the terms of a nonimmigrant visa, while also saying exceptions would be evaluated at officers’ discretion.