U.S. Citizenship and Immigration Services issues new green card guidance

The U.S. Citizenship and Immigration Services released new guidance last week that limits the option for many immigrants to apply for a green card without leaving the country. The memo stated that applicants who are in the United States temporarily and want a green card must return to their home country to apply, except in extraordinary circumstances.

Immigration lawyers and business groups expressed concern that the change would affect hundreds of thousands of applicants and could strand some overseas due to existing travel restrictions.

Administration response Over the weekend the Department of Homeland Security issued a statement saying the guidance restated longstanding law and policy. The statement said the policy will not prevent any alien from obtaining a green card who legitimately and properly qualifies.

It added that the guidance will result in some applicants who do not merit the discretionary benefit applying overseas rather than inside the United States.

Legal analysis Lynden Melmed, who served as the top lawyer at USCIS under the George W. Bush administration, said the new statement narrows the scope of the guidance. Melmed said the underlying policy will still likely prove burdensome for applicants and their lawyers, prompting more evidence submissions.

He also noted that the messaging from the administration has been inconsistent and confusing for USCIS officers.