DHS Green Card Policy Update: Will H-1B visa holders, students and green card applicants now have to leave the US? DHS’s new guidelines have increased the concerns of millions of immigrants. Who is safe and who may face additional scrutiny – know the full story behind this mysterious policy.
DHS Green Card Policy Update: The new guidelines of the US Department of Homeland Security (DHS) have given sleepless nights to millions of immigrants currently living in America. This new circular issued regarding the process of Permanent Residency (Green Card) has created an atmosphere of uncertainty and fear, which has put a question mark on the future of many families. The layer-by-layer inside story of this entire matter is given below:
Big shock on ‘Status Adjustment’: Is it time to leave America?
US Citizenship and Immigration Services (USCIS) had clearly stated in its original announcement that ‘status adjustment’, i.e. the process of obtaining a green card while living within the US, would now be approved only in “very special circumstances”. This one line created a stir among millions of immigrants waiting for green cards. Due to this sudden news, it seemed that now the people in the long waiting list for Green Card will have to leave their jobs and studies midway and return to their country and will have to make rounds of the American Embassy (Consulate) there.
Attack on H-1B and students’ dreams: Who will benefit, who will fall into the trap?
This new policy is going to have a deep impact on skilled workers, especially H-1B visa holders. Now officials have been instructed to closely examine how much economic benefit an applicant is providing to America. Skilled workers who do not meet this criteria may have to leave the country during the application period. This simply means long family separation and end of career. Not only this, difficulties have also increased for international students studying on temporary visas. Now they may be forced to return to their country for the green card process, which will completely disrupt their studies and future plans. The system is now reinforcing the perception that temporary visits cannot be considered an easy path to permanent residency.
Closed-door memo and ‘will’ of officials: The real game behind the scenes
As widespread outrage and concerns grew, a DHS spokesperson issued a new clarification while doing damage control. “This is not a completely new ban, but just a reminder to authorities of their case-by-case discretionary authority,” he said. However, the reality of the internal memo tells otherwise. According to Eddie Raleigh, partner at immigration law firm Fragomen, this guidance suggests judges to be extremely strict and careful when approving cases. Now the fate of the migrants is left to the personal discretion of the officers, which is a big suspense for any case.
Families and pending cases on the radar: Who is under investigation?
According to immigration lawyers, the case for immigrants who are employed (H-1B or O-1 visa) is still strong, but the sword of uncertainty hangs over the heads of those applying on family basis (such as spouses of US citizens). Additionally, applicants with a minor criminal record or a short gap in their work permit period may be directly screened out.
Is there going to be a legal battle?
The most surprising thing is that this policy is being implemented even on those cases which are already under review. Lawyers are receiving such requests from USCIS, in which additional evidence is being sought from applicants to remain in the US. According to The Wall Street Journal, applicants are now being asked to present positive factors proving their educational qualifications, employment history, and even English language proficiency.
A matter of relief: This strict rule will not have any impact on those who are renewing their existing green cards, because this process is applicable only for those applying for the first time. However, legal experts are preparing to challenge this policy in court, as they believe that making rules for such a major change without any formal notice is a blatant violation of the rights of legal immigrants.