US Citizenship and Immigration Services (USCIS) announced on Friday that immigrants who are temporarily in the United States and are seeking Green Cards must return to their home countries to apply. Officers are to consider all "relevant factors and information on a case-by-case basis," the federal agency said in a press release.
The effort coincides with the Trump administration's nationwide crackdown on illegal immigration, which includes the enforcement of laws already enacted by Congress.
https://twitter.com/DHSgov/status/2057817233200418837?s=20
"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances," said USCIS spokesman Zach Kahler. "This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency."
The federal agency, which falls under the Department of Homeland Security (DHS), said immigrants seeking lawful permanent residency, or Green Cards, often abuse the system.
"Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process," the spokesman continued. "Following the law allows the majority of these cases to be handled by the State Department at the US consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient."
Critics of the policy enforcement contend that many of the overstays reportedly have spouses or children who are US citizens, and if deported, may face long processing delays, per Fox News.
It's unclear if US Immigration and Customs Enforcement (ICE) will target Green Card applicants for deportation.