US Immigration U-Turn: Green Card Applicants May Not Need to Return Home

The US Citizenship and Immigration Services had said that those seeking permanent residency would have to return to their home countries for Green Cards.

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The US Department of Homeland Security (DHS) has clarified its stance on a recent directive that required green card applicants to return to their home countries for approval. According to a New York Times report, the DHS now says that only some applicants will have to go back, and that the new policy doesn't significantly change the existing rules.

The clarification comes a week after a statement from US Citizenship and Immigration Services (USCIS) spokesman Zach Kahler, who said that applicants seeking permanent residency would have to return to their home countries, except in extraordinary circumstances.

However, a DHS spokesperson has told NYT that the original directive was not a blanket change, and that it would be up to immigration officers to decide on a case-by-case basis whether someone needs to be in their home country to apply for a green card.

A similar clarification was issued earlier by Kahler, who said that people providing an economic benefit or otherwise in the national interest may not be asked to go abroad for the process.

The May 21 memo had sparked widespread concern among holders of F-1 student and tourist visas, as well as H-1B visa holders, who account for nearly 70% of Indians. However, reports suggest that H-1B holders are likely to receive a relatively high degree of protection under the revised framework.

Despite the DHS clarification, uncertainty on the future of the Green Card allocation process remains unclear.