Federal immigration officials sought Friday to narrow the scope of a green card policy that drew swift criticism from immigrant advocates, business groups and immigration attorneys after it was issued just days earlier.
The Department of Homeland Security told CBS News the May 22 directive from U.S. Citizenship and Immigration Services would not block qualified applicants from obtaining permanent residency. The statement appeared to pull back from earlier USCIS language that alarmed many people pursuing legal status from within the United States.
USCIS said in its May 22 announcement that adjustment of status would be granted only in extraordinary circumstances. Adjustment of status allows eligible immigrants to seek permanent residency from inside the United States.
“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” USCIS said.
The directive alarmed immigrants, business groups and immigration lawyers, who feared the move could force hundreds of thousands of applicants to leave the United States and continue their cases overseas, CBS News reported. Some also warned that broad travel restrictions imposed by the Trump administration could leave applicants stranded abroad if they were forced to leave.
DHS pushed back on that reading. The policy “will not prevent any alien from obtaining a green card who legitimately and properly qualify,” the department told CBS News, adding that the guidance restated “longstanding law and policy.”
DHS also said the policy “will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law.”
Lynden Melmed, who served as USCIS’s top lawyer under President George W. Bush, told CBS News the DHS statement narrows the guidance but does not eliminate its impact. Applicants and their attorneys would still face a heavier documentation burden to avoid being directed to apply abroad, he said.
“The underlying policy will still slow legal immigration,” Melmed said, “but at least they are toning down the rhetoric.”
The later DHS statement left unresolved questions about how broadly the directive will be applied.
A global media for the latest news, entertainment, music fashion, and more.
