On May 22, the administration issued a policy memo which was phrased in a way to say that, excepting extraordinary circumstances, persons residing in the U.S. and seeking a green card have to return to their country of origin and apply there. About half of all green cards are issued to persons residing in the U.S. at the time of the application or while the application is being reviewed.

Hours after the policy was issued, USCIS issued a confusing statement that appeared to qualify the draconian force of the memo.  Boundless, the immigration assistance firm, analyzed the actual wording of formal policy as it stands regarding “adjustment of status” of persons in the U.S.  Boundless says, as of early May 23, that the actual effect seems not so draconian, but rather an artless statement on a standing policy that conversion of a temporary visa to a green card is at the discretion of the USCIS.

Let’s look at what is at stake if people are in fact retuired to return to their country of origin.

The wait time for a green card is very roughly six to 18 months. Further, the applicant risks not being able to return to the U.S. during the application process and if the application is denied perhaps forever.

Typical instances of persons in the U.S. today who seek a green card.

Spouses, parents, and minor children of U.S. citizens. Spouses or children of green-card holders, adult children of U.S. citizens, or siblings of U.S. citizens.

Students, especially F-1 students, who later qualify through employment or family.

Example: a graduate student who marries a U.S. citizen, or a student who later obtains employer sponsorship.

H-1B and other temporary workers.  In all they account for the majority of employment based green card awards in a year (capped at 140,000).

Refugees and asylees. This is a catastrophic problem for these persons.

Crime victims, trafficking victims, and abuse survivors.

Diversity visa lottery winners already in the U.S.

Unauthorized persons.