In a major move, the US Citizenship and Immigration Services is going to ask individuals who are waiting for their green cards to leave the country and wait in their home countries. As the Daily Caller reports, USCIS announced new guidance directing immigration authorities to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that must generally occur outside the United States. USCIS Director Joseph Edlow shared the news report, saying the agency is making sure there is a distinction between temporary entry and permanent residence and that the period in between is spent in one’s own country.
Non-immigrant visa vs immigrant visa
The target of this new rule is not illegal aliens, but people who come on temporary visas such as B1/B2, F1/M1, J1, H-1B, O-1, etc. These visas are for tourists, students, and workers who come with non-immigrant intent, meaning they come to the US for a purpose and not to live permanently. They can then apply for permanent residence or a green card and depending on their country of origin, the waiting time varies. For example, the waiting time for Indians is huge. As they wait, their visas are renewed.But the Donald Trump administration is planning to send these people back to their home countries as they wait for their green cards.The new USCIS guidance states that individuals seeking lawful permanent residence will generally need to return to their home country, complete screening processes, and obtain an immigrant visa through the U.S. Department of State before re-entering the U.S. as an immigrant.Immigrant visas can be employment-based or family-based or for investors who make clear their intention before entering the US that they are going to live in the US.Joseph Edlow said, “Under President Trump, USCIS is returning to the original intent of the law and strengthening the appropriate distinction between temporary entry and permanent residence. Aliens who come to the United States temporarily and later seek permanent residence must obtain immigrant visas through proper channels in their home countries before being admitted as immigrants.”The document also states that individuals should only be allowed to remain in the United States and complete the adjustment of status process domestically with investigation by USCIS officers, rather than the standard immigrant visa process abroad in “exceptional circumstances.”