New Green Card Rules Leave Californians Searching for Answers

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Conflicting messages from the Trump administration over green card procedures are creating uncertainty for immigrants, employers and families across California, where more than 112,000 people received permanent residency in 2023.

The confusion stems from a May memo issued by the U.S. Department of Homeland Security that appeared to instruct many temporary visa holders living in the United States to leave the country and wait abroad while their green card applications were processed. That would mark a sharp departure from long-standing federal practice, which generally allows eligible immigrants already in the country to apply for permanent residency through a process known as adjustment of status without leaving the U.S.

More than 500,000 people nationwide apply for green cards each year through adjustment of status while already living in the country. California accounted for nearly one in five green cards issued in the United States in 2023, underscoring the potential impact of any major policy shift on residents, businesses and families here.

Employers, especially in the technology sector, warned that requiring workers to depart while awaiting permanent residency could disrupt operations and push skilled employees to leave. Immigration advocates also said the change could affect relatives of U.S. citizens, mixed-status families and international students seeking to remain in the country legally.

After criticism from the public and immigration attorneys, the administration walked back the memo, saying it was not intended as a sweeping rule for all applicants. But federal officials have not clearly explained how the policy would be applied, who might be required to leave the country, or whether people with pending applications could be affected.

In a written statement to CalMatters, the Department of Homeland Security said the policy “will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law.”

Immigration attorneys say the lack of clarity has already caused anxiety among people waiting for green cards and among employers who depend on foreign-born workers.

Patrick Kolasinski, an immigration attorney based in Modesto, said the attempted policy shift has added to a broader sense of unpredictability in the immigration system. He argued that changing the rule in that manner would be unlawful and said immigrants can no longer count on a consistent process.

For California families and workers navigating the permanent residency process, the uncertainty has left many waiting for clearer guidance from the federal government before making life and career decisions that could be affected by the new rules.

Original source: CalMatters

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