A USCIS policy memo has caused confusion and fear among visa holders and families by requiring many foreigners already in the US to depart and obtain green cards through their home countries while cases are pending. Permanent residency can usually be pursued either through consular processing overseas or through adjustment of status within the US. The memo’s impact is especially concerning for people with mixed-status families, jobs, and homes. After confusion, a USCIS spokesperson clarified that the agency is restating its interpretation of congressional intent regarding changes in immigration status. The spokesperson said applicants providing an economic benefit or otherwise serving the national interest may continue their current path, while others may be asked to apply abroad based on individualized circumstances. Uncertainty has increased further amid shifting immigration enforcement priorities.
"A new policy memo issued last week by US Citizenship and Immigration Services (USCIS), requiring many foreigners in the US to leave the country and obtain green cards through their home countries, has sparked confusion and fear among hundreds of thousands of visa holders and families, as well as immigration advocates and lawyers."
"Foreigners seeking permanent residency in the US can typically pursue a green card either through a US consulate overseas or from within the country through a process known as adjustment of status (AOS). Under the new USCIS memo, however, many applicants already living in the US including those with mixed-status families, jobs and homes may now have to leave the country while their cases are pending."
"After widespread confusion surrounding the memo, a USCIS spokesperson clarified the policy to Semafor last week, saying the agency is merely restating and reasserting its interpretation of congressional intent regarding immigration status changes. The spokesperson added: While we work to operationalize this, people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path while others may be asked to apply abroad depending on individualized circumstances."
"Despite the clarification, Donald Trump's latest immigration pivot from targeting illegal immigration to targeting legal immigration pathways has deepened uncertainty for many foreigners in the US. For a 34-year-old Indian software engineer based in Washington on an H-1B visa a temporary work visa with dual intent that allows foreigners to work in the country while pursuing lawful permanent residency the policy adds another layer of uncertainty to an already difficult immigration proc"
Read at www.theguardian.com
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