The Trump admin is still quietly fixing the border issues one problem at a time.
This time, in a blow to millions of visa overstayers who slip through the cracks, the Trump admin is reverting to an earlier rule which requires people reapplying for a Green Card to return home while they wait.
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Under the previous rules, legal visitors on Green Cards were allowed to stay in the country indefinitely while their applications to renew were in process. This has resulted in many people simply staying in the country regardless of legal status, and others staying after their renewal was denied.
That ends now.
From the Daily Caller:
On Friday, 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, according to a document obtained by the Daily Caller.
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.
If you're in the missionary world you know this happens all the time. You're in a foreign country, your visa expires, you go home, you reapply. That way if you're denied you're already home and you don't have to be deported. That's the way it works the world over.
But the United States' extremely immigration-friendly stance for the last few decades has allowed people in limbo to continue to live in the United States for years. Now that's over.
No visa, no stay.
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USCIS Director Joseph Edlow emphasized the Trump administration is reinforcing the distinction between temporary entry and permanent residence in a statement to the Caller.
'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.
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One step at a time, the United States is slowly returning to a sane immigration policy.
The USCIS says they are returning to "the original intent of the law" and that this is a long overdue step in helping process the millions of visa applications the United States is dealing with.
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This will, in theory, help cut down on the abuses of the system allowed especially under President Biden.
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