US green card applicants need not leave country: DHS clarifies
What's the story
The United States Department of Homeland Security (DHS) has clarified that most immigrants applying for green cards won't have to leave the country during the application process. The clarification comes after a recent announcement by the United States Citizenship and Immigration Services (USCIS), which had raised concerns among immigrant communities. The USCIS announcement seemed to imply applicants would generally need to leave and wait abroad unless they qualified for "extraordinary" exceptions.
Policy clarification
No broad change in policy: DHS
However, the DHS has now clarified that there has been no broad change in policy. Immigration officers have always had the discretion to decide on a case-by-case basis whether an applicant should complete the green card process from outside the United States. A DHS spokesperson said, "This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis."
Ongoing concerns
Uncertainty remains over which applicants may need to leave US
Despite the clarification, questions remain over which applicants might be required to leave the United States during the green card application process. The government has not clearly defined under what circumstances applicants may need to apply from abroad. Immigration lawyers have said this uncertainty has already caused anxiety among immigrants considering applying for permanent residency.
Possible effects
Guidance raised concerns among employers, business groups
The earlier guidance had also raised concerns among business groups and employers who rely on foreign workers. Neil Bradley of the US Chamber of Commerce said it could be "incredibly disruptive for employers." Family-sponsored applicants could be most affected if officers require them to complete the process abroad. Doug Rand, a former senior USCIS official, warned that this could bar people from returning for 10 years if they had to adjust status abroad.