DENVER — Immigration attorneys across the country are working to understand new guidance from U.S. Citizenship and Immigration Services that tells noncitizens in the U.S. who want to apply for green cards to return to their home countries to do so.
A green card, also known as a Permanent Resident Card, allows you to live and work permanently in the United States. According to the federal government, the steps you must take to apply for the card will vary depending on your individual situation.
A government news release said the policy memo reiterates “the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country.”
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The news release goes on to say, “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”
It is unclear what circumstances will be considered exceptions.
“What I've heard is that the policy, the memo, the memorandum itself seems to encourage people to process their applications for Green Cards outside of the United States, rather than being able to apply inside of the United States,” Mary Jo Highland, associate attorney for Meyer Law Office, said. "I don't see it as being anything that can formally change the process. No law has been changed. The law remains the same, and people remain eligible to apply for Green Cards in the United States if they were eligible previously.”
Highland said the announcement has created some fear for immigrants applying for Green Cards.
“There's a lot of concern and fear when announcements are made without concern for the individuals affected, but other than that, the law remains the same, people's eligibility remains the same, our work remains the same,” Highland said. “I would like to frame the new policy memo as more like when we think of the Peanut sketch, and Lucy is supposedly holding the ball for Charlie Brown, and then she pulls it out at the last moment. That's what the government's doing here. People are trying to do things the right way, like Charlie Brown, they're trusting the process, and then the last minute, the process is getting changed.”
According to the Associated Press, this policy could impact hundreds of thousands of immigrants in the U.S.
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