The Trump Administration, through the U.S. Citizenship and Immigration Service, on Friday afternoon said anyone, with some exceptions, in the US and seeking (being sponsored for) a green card must leave the US and return to their country of domicile. Sponsorship of anyone living in USA for green card will now occur from their home countries. This new policy will impact Guyanese and others in the US and who are seeking sponsorship for resident status (green card). It is not clear if it will also affect those already sponsored and were granted a waiver to stay in USA, whether they will have to leave and wait for their appointment time and approval of green card in the home country. But they could be subjected to a harsh law — an undocumented person who leaves USA is subjected to a law that prevents a return until after an extended period of one year to ten years ban for being illegal in America.
The change in policy will affect hundreds of thousands in USA. Over the last decade, over half of all green cards were given to aliens living in USA. Some 70% of spouses received green cards through adjustment of status in recent years. Thousands of Guyanese received their green cards in USA through adjustment of status and thousands more currently living in US are waiting for approval of status having been granted a waiver to remain and work in the US. The US grants over one million green cards annually over the last decade.
Over the last couple decades, those living in the US and sponsored for a green card were allowed to file an application for ‘adjustment of status and pay a fine (a hefty fee) to remain legally (granted a waiver) in the US, receive a work permit, and obtain their green card in USA. The country used to collect over a billion annually in adjustment of status fees and provided jobs for many Americans. Apparently, this adjustment of status policy is now being discontinued. It is not clear if those who already received the waiver will have to leave the country and how current green card processing will be affected. Immigration lawyers are seeking clarification from the Administration. It is also not clear if the adjustment of status is an administrative policy or was created by law by Congress. If it is law, then the President cannot unilaterally alter the policy; it is a law, the new policy will be challenged in court. It could also be challenged in federal court on other grounds. There will be legal challenges as it violates precedents and expectations. The new policy did not state which category of foreigners will be exempted from apply for green card while in USA.
The new policy will lead to family separations for long periods as spouses or relatives will be forced to leave the country awaiting green card or opt to live illegally and be subjected to deportation never to get a green card. A green card approval can take between six months (for alien spouses of citizens) to fifteen years (married children and brothers and sisters). Also, the new policy will burden Consular Services in the home country, resulting in further delays in processing of applications for sponsorship and for regular tourist, business and student visas.