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According to a recent memo from the US Customs and Immigration Services (USCIS), anyone attempting to apply for permanent residency in the United States (more commonly known as a “green card”) may now need to leave the country first. This unusual and unexpected change in existing rules has thrown the current application process into chaos, as people try to figure out if this new policy may impact them. In particular, people who currently have pending applications for permanent residency are now uncertain about whether they will get the approval they might initially have expected.
USCIS Memo Imposes Strict New Standard on Green Card Applications
In the recent memo, USCIS has imposed a new set of guidelines that makes it much harder for people to obtain a green card. Under previously existing rules, anyone currently living in the US under a valid immigrant visa who meets certain criteria can apply for an “adjustment of status,” allowing them to change their existing visa into permanent residency.
However, the new rule would limit applications for adjustment of status to only those who qualify for “extraordinary discretionary relief,” meaning that they have exceptional circumstances justifying what is described as an “act of administrative grace.” Everyone else would need to obtain permanent residency through “consular processing,” which can only be done for would-be immigrants living outside of the United States.
Questions About the Basis in Law
Suffice it to say that this new and sudden rule change immediately raised questions about its legality. This new “extraordinary discretionary relief” standard has only a minimal basis in law, and broadly disagrees with how existing immigration law has been interpreted by the courts. As a result, there is an expectation that this memorandum will face serious legal challenges if and when USCIS attempts to enforce it.
Chaos and Confusion After Unexpected Rule Change
Just because it’s likely to not pass legal scrutiny does not mean that it hasn’t caused problems, however. People with existing applications for permanent residency are unsure if their applications will be tossed out, while those who are interested in applying for a green card are now at risk of facing this unusually strict new standard.
Adding to the confusion is the fact that this rule change has not actually been presented as a rule change at all, and has not gone through the ordinary process required under the Administrative Procedures Act. Instead, the memo describes this as a “reminder,” as though attempting to claim that this is how the law is, or should have been, administered all along.
What You Should Do if This Has Impacted You
If you or someone you love is attempting to apply for a green card, it is essential to ensure you have competent representation to navigate the current legal environment. That is why you should speak to a lawyer with experience handling immigration law matters. They can help you deal with any legal issues that may arise, and give you the best chance possible of success.
For more than 40 years, the Drucker Law Firm has been providing personal and quality legal services to individuals, universities, and corporations throughout the New York City and Tri-State area. We have represented three generations of clients in personal injury cases, as well as immigration and general litigation matters. If you have a legal issue related to personal injury law, please give us a call at (718) 458-1489 to schedule a consultation or visit our contact page.
