US Democrats challenge green card policy shift

Washington, July 3 (SocialNews.XYZ) Congressional Democrats have urged the Trump administration to reverse what they called a major shift in the US green card process, arguing that a new policy could force eligible applicants to seek permanent residence from abroad instead of adjusting their status while remaining in the United States.

In a letter to US Citizenship and Immigration Services (USCIS) Director Joseph Edlow, Democratic lawmakers led by Senator Alex Padilla, Senator Dick Durbin, Representative Jamie Raskin and Representative Pramila Jayapal objected to a May 21 USCIS policy memorandum that describes adjustment of status as an "extraordinary form of relief" and introduces what they say are new discretionary standards not authorised by Congress.

"We write to object to your new policy memorandum regarding adjustment of status. Adjustment of status is the statutory process by which immigrants may apply for lawful permanent residence, often called a 'green card,' from within the United States," the lawmakers wrote.

They added: "Without any basis in the law and in a departure from decades of precedent, this guidance creates a policy preference for consular processing abroad over adjustment of status in the United States, requiring applicants to meet new, undefined discretionary criteria to be processed domestically. We urge you to reverse this new policy and restore adjudications of adjustment of status applications in a manner consistent with the law, longstanding practice, and congressional intent."

The lawmakers disputed the memorandum's assertion that adjustment of status "is a matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas."

"This is simply incorrect. There is no statutory preference for consular processing, and legislative history shows that Congress has long maintained a strong preference in favour of allowing eligible noncitizens to adjust status in the United States," they wrote.

The letter noted that adjustment of status was established under the Immigration and Nationality Act of 1952 and later expanded because many eligible applicants already lived in the United States. It argued that Congress intended eligible immigrants to complete the process without leaving the country except in limited circumstances specifically set out in law.

The Democrats also criticised what they described as a new requirement for applicants to demonstrate that their presence in the United States serves the "national interest" or provides an "economic benefit". They argued that no such test exists in statute and that the memorandum creates "a new substantive standard" without congressional authorisation. They also questioned the absence of an effective date, transition period or guidance on how pending applications would be handled.

According to the letter, the policy could increase demand for immigrant visa processing at US consulates overseas and separate applicants from spouses, children and employers for extended periods because of existing visa appointment backlogs. It said the change could also affect skilled workers, entrepreneurs, researchers, medical professionals and businesses that rely on foreign talent.

The lawmakers concluded that, "By directing adjudicators to treat adjustment of status as an 'extraordinary form of relief' and by creating a policy preference for consular processing, the memorandum undermines the very purposes Congress sought to advance when enacting and amending section 245 of the INA."

"Congress established adjustment of status as a cornerstone of the modern immigration system to promote family unity, administrative efficiency, and economic stability. Any effort to dismantle that statutory framework through internal agency policy is unacceptable."

The letter asks USCIS to answer nine questions, including when the policy takes effect, which applicants it covers, how "national interest" and "economic benefit" will be defined, whether adjudicators have received implementation guidance, and whether the agency consulted the State Department before adopting the policy. It was signed by dozens of Democratic senators and House members.

Adjustment of status allows many eligible immigrants already in the United States to apply for lawful permanent residence without travelling abroad for immigrant visa processing. The process has long been a central feature of the US immigration system for family-sponsored, employment-based and certain humanitarian immigration categories.

The Trump administration has pursued a series of changes to legal immigration procedures during its second term, arguing that immigration benefits should be administered more strictly and with greater discretion.

Source: IANS