USCIS green card rule change to impact migrants in key states

A new policy from U.S. Citizenship and Immigration Services (USCIS) is set to alter the green card application process for many migrants, with potential impacts concentrated in states that have historically seen high numbers of these applications. The change, stemming from a May memorandum issued during the Donald Trump administration, mandates that certain migrants currently in the U.S. with temporary authorizations must depart the country and apply through a consulate abroad.

Under the revised criteria, completing the permanent residency process from within the United States will become an exceptional measure, reserved for rare cases and subject to the discretion of USCIS officers. This shift is expected to complicate matters for individuals holding temporary visas, including those for skilled workers or religious workers, as well as for family members of U.S. citizens.

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The permanence during the process would be reserved for exceptional cases. The document indicates that this possibility should be treated as an 'extraordinary' measure and remain at the discretion of USCIS officers.

Immigration advocates warn that the policy could lead to prolonged waiting periods for legal status and may particularly affect those who have, at any point, lacked a formal immigration status while in the U.S. The departure requirement could trigger extended delays, potentially disrupting lives and plans for thousands of individuals seeking to become permanent residents.

An analysis of 2023 data reveals that California, Florida, Texas, and New York accounted for over half of all green card approvals processed within the U.S. These states, with significant migrant populations, are poised to experience the most pronounced effects of the new federal guideline. The USCIS maintains that the new approach aims to streamline the agency's workload.

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The change could create complications for people with temporary visas granted to workers with extraordinary skills or religious workers. The organization also mentioned possible effects on family members of U.S. citizens.