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Who has to leave US for Green Card and who doesn't: New USCIS rule, clarification explained

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Immigration experts find the clarification on the new Green Card rule more confusing.

A week after the USCIS announced that immigrants will have to leave the US and wait in their home countries for the Green Card, the administration has changed its stance as industries pressed the panic button. Now the administration said it was not a big policy change and not all immigrants seeking Green Cards will be required to return to their home country and, in fact, a majority of them won’t. This clarification came from the Department of Homeland Security and is being seen as a partial walk-back on the announcement. But experts are not sure whether the memo and its clarification change anything, as the clarification is also very confusing.

Green Card rule: What we know so far

  • Most immigrants will still be able to remain in the US while their Green Card applications are processed.
  • The first announcement was not a policy change, but just a reminder that the immigration officer will use his/her discretionary authority to decide on cases.
  • Adjustment of status which allows H-1B or other visa holders to switch to Green Card staying in the US only — without going through the consular process — is not default.

Who will have to leave the US?

There is no clarity on this but what experts gathered from several statements that the administration issued is that those who are not very crucial for US interests, have a questionable record in the US, may have to return to their home country.The immigration officer dealing with the case will decide whether the Green Card seekers stay in the US or go.

Who will not have to leave the US?

Highly qualified professionals who are law-abiding residents won’t have to leave the US for their Green Card. They serve US interests and provide economic benefits to the United States and so they get to stay.Immigration attorneys are not sure about what to make out of the USCIS memo and the DHS clarification. They are waiting to see how this new rule, if there is a new rule at all, plays out.

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