Trump closes loophole that allows migrants stay in US while awaiting green cards

The Trump administration has directed that any migrant seeking to get a green card must return to their home country to apply, effectively closing a loophole that allows migrants to remain in the United States while awaiting permanent residency. 

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On Friday, May 22, U.S. Citizenship and Immigration Services (USCIS) announced new guidance directing immigration officers to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that should generally take place outside the United States. 

Under the guidance, individuals seeking lawful permanent residency would typically be required to return to their home country, complete screening procedures and obtain an immigrant visa through the U.S. Department of State before reentering the U.S. as immigrants. 

USCIS Director Joseph Edlow emphasized the Trump administration is reinforcing the distinction between temporary entry and permanent residence in a statement. 

“Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.”

The document further states that individuals should only be allowed to remain in the United States and complete the adjustment of status process domestically in “extraordinary circumstances,” with vetting conducted by USCIS officers rather than through the standard immigrant visa process abroad. 

The agency instructs immigration officers to weigh all relevant factors on a case-by-case basis when determining whether someone qualifies for this type of administrative relief. 

Announcing the new guideline on X, Homeland Security wrote: “An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply. 

“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. 

“The era of abusing our nation’s immigration system is over.”