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U.S. Citizenship and Immigration Services (USCIS) announced on Friday a major shift in immigration policy, dictating that noncitizens in the U.S. who have applied for a green card, or lawful permanent resident status, must leave the country indefinitely — even if they are in the country legally and regardless of whether they have spouses or children with citizenship.
Green card petitioners will then be required to wait for their application to be processed outside the country through consular processing via the U.S. Department of State.
USCIS said it will grant “adjustment of status” only in extraordinary circumstances, on a case-by-case basis.
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The Trump administration’s position remains that when noncitizens travel into the country via student visas, tourist visas or temporary work status, they are supposed to leave once that term expires and that temporary permission to be in the U.S. should not serve as the first step toward getting a green card.
Officials claim the policy reflects the original intentions of the law, though lawsuits and litigation are expected to follow.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesperson Zach Kahler wrote in a statement. “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. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”
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Kahler added that when noncitizens apply for a green card from their home country, it reduces the need to find and remove those who “decide to slip into the shadows” and remain in the U.S. illegally after being denied residency.
“Nonimmigrants, like students, temporary workers or people on tourist visas, come to the U.S. for a short time and for a specific purpose,” he said. “Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the green card process.
“Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications and other priorities,” Kahler added. “The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
Critics of the policy shift argue many overstays have U.S. citizen spouses or children, pay taxes and fill labor shortages and, if removed from the country, will face long processing delays and humanitarian concerns.
It is unclear if Immigration and Customs Enforcement (ICE) will begin deporting green card applicants.
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Maye Musk, Elon Musk’s mother, took to X to react to the policy change.
“When I wanted to get my green card, I had to have numerous vaccinations, health tests and a lung x-ray,” Maye Musk wrote in a post. “Because I was Canadian, I had to fly to Montreal to have a lung x-ray again to confirm that it’s the same person. However, when the x-ray had to be delivered to me at my friend’s home, the delivery truck was stuck on a bridge because of thick ice. I had to stay an extra day. Nothing was easy. It took another five years before I could get citizenship. Worth it.”
The American Civil Liberties Union (ACLU) did not immediately respond to Fox News Digital’s request for comment.
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