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A very worrying news has come to light for millions of immigrants who are dreaming of becoming permanent residents (getting a green card) by living in America. The new guidelines issued by the US Department of Homeland Security (DHS) have created an environment of uncertainty and fear among migrants. After this new policy circular, the future of many migrant families has been directly questioned. Let us understand in very simple words what is the whole game behind the scenes and what effect this decision is going to have on whom.
Big shock on ‘status adjustment’: Is it time to leave America?
The original announcement made by US Citizenship and Immigration Services (USCIS) said something that has shocked everyone. According to the new rules, ‘Status Adjustment’ That is, the process of converting Visa into Green Card while staying within the US will now be approved only in “very special and extraordinary circumstances”.
Due to this one strict rule, there has been panic among lakhs of people waiting in the long waiting list for Green Card. Till now, immigrants were expected to get a green card while working in America, but after this change, it seems that the applicants may have to leave their jobs or studies midway and return to their country and will have to complete the further lengthy process through the US Embassy (Consulate) located there.
H-1B visa holders and international students hit hardest
This new policy is aimed at bringing in skilled workers, especially from India and other countries. H-1B visa holders Is going to influence the career of the most. Immigration officers have now been given clear instructions to carefully examine each application on the basis of how much economic benefit the applicant is providing to America.
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Fear of family separation: Skilled workers who do not meet this new and stricter economic standard may be ordered to leave the country during the green card process. It simply means sudden end of career and long separation from family.
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Crisis on students’ future: The path ahead has also become difficult for international students studying in American universities on temporary visa (F-1). The system now operates on the assumption that study or temporary visit cannot be considered an easy path to Permanent Residency (PR), forcing students to return to their home country for a green card after completion of their studies.
The real game of officers’ ‘discretion’ and closed door memos
As widespread opposition to the decision erupted and migrants’ concerns grew, DHS spokespeople tried to do damage control. He clarified that this is not a new ban, but just to remind immigration officials of their case-by-case discretionary authority.
However, legal experts believe that the reality of the closed-door internal memo indicates something else.
Analysis by Eddie Raleigh, partner at immigration law firm ‘Fragomen’:
“This new guidance actually recommends that immigration judges and officers take a much stricter, more cautious, and aggressive approach when approving cases. The final decision on any migrant’s fate will now depend entirely on the individual discretion of the officer, which creates a great deal of suspense and risk for what would otherwise be a seemingly straightforward case.”
Impact of new rules: Who is on the radar and who has got relief?
After this complete policy update, immigration lawyers have prepared a risk map based on the categories of applicants, which can be understood from the table given below:
| Category of applicant | risk level | Potential impacts and needs |
| H-1B and O-1 visa holders | medium | Their case is strong on the basis of employment, but they will have to provide strong evidence of their economic usefulness and capability. |
| Applicant on family basis (Spouse etc.) | High | The cases of those applying as spouses of US citizens are now under intense scrutiny; Uncertainty has increased considerably. |
| Small criminal record or gap in work permit | extremely high | If there has ever been a slight gap in an applicant’s visa status or work permit or a short record, they may receive outright rejection. |
| Green Card Renewal | completely safe | The matter of relief is that it will not have any impact on those who are already green card holders and are just renewing it. |
Is a big legal battle coming?
The most disturbing thing in this entire incident is that this strict rule is being applied even to those cases which are already under review (Pending) with USCIS. Immigration lawyers are constantly receiving such requests (Requests for Evidence), in which additional and new evidence is being sought even from old applicants to remain in the US.
According to a report in ‘The Wall Street Journal’, applicants are now being asked to present positive factors proving their high educational qualifications, extensive employment history and even their proficiency in the English language.
Meanwhile, legal experts and immigration organizations are making full preparations to challenge this policy in court. They argue that making such major policy changes without any prior formal notice or public debate is a flagrant violation of the basic rights of immigrants who arrived legally. In the coming days, this matter may take the form of a major legal conflict in American courts.
