Q#1: On May 21st, a new policy memorandum was issued which states that applying for a Green Card inside the United States is now considered “extraordinary” and everyone should now apply for Green Cards at the US Consulate in their home country. How will this policy affect me and when will this go into effect?
A#1: This memo goes into effect immediately and was a surprise to all immigration attorneys, immigrants, and even to the immigration officials that review Green Card cases at USCIS offices nationwide. The memo incorrectly claims that filing for a Green Card inside of the United States is now an extraordinary way of applying for Legal Permanent Resident Status. It has been commonplace to file for Green Cards within the United States for the past 74 years and Congress has continued to broaden the ability for applicants to file for Green Cards inside the United States instead of returning to their home country.
Q#2: What factors will determine if my filing for a Green Card in the United States has a strong chance of approval?
A#2: There are various positive and negative factors that an officer may look at in determining whether discretion should be granted. Negative factors may include serious violations of immigration law, fraud, or preconceived intent. Positive factors may include family ties, good moral character, and economic benefits that the immigrant can provide to the US.
Q#3: If I have already filed for a Green Card and am waiting for my interview or I am planning on filing for my Green Card very soon, what evidence should be included to demonstrate these positive factors?
A#3: Evidence can include deep family ties, including United States Citizen or Green Card holder spouse, children and parents, hardship on family members, long term lawful presence, employment history, tax records, employer support letters, volunteer activities, and other positive evidence.
Q#4: I have heard there are specific questions the immigration officer will ask regarding this new policy, what are those questions?
A#4: It is our understanding that the following questions will now be asked, and any applicant will need to answer them satisfactorily:
- Why did you apply for your Green Card inside the United States instead of in your home country?
- Are there any factors that would prevent you from Consular Processing?
- Why did you remain in the United States after your legal status expired?
- What family or other ties do you have in your home country?
The answers to these questions will depend on each individual person’s specific history and their reasons for remaining in the United States.
Q#5: Does the attorney recommend filing for a Green Card inside the United States or returning to my home country given this new policy?
A#5: The decision on whether to file inside of the United States depends on each individual applicant’s immigration history and fact pattern. We are still recommending persons with strong cases to file inside of the United States, as has been the norm for over 70 years. However, there are also many cases that our office already sends outside of the United States even before this guidance was issued, but that decision depends on each person’s individual case and fact pattern following discussion with their immigration attorney.
Q#6: What should I do if I qualify to apply for a Green Card inside of the United States but am now questioning whether I should file?
A#6: You should consult with a competent immigration attorney to discuss the facts of your case and determine the best approach for applying for a Green Card based on your history, how you would qualify, and any other positive factors that we would present to strengthen your case.
Eamonn P.S. Roach is an attorney of the firm Roach & Bishop, LLP in Pasco, Washington, who practices immigration law. This information does not constitute legal advice. It is possible that this information does not apply to you. Each case depends on specific facts. If you have questions regarding the immigration laws that you would like answered in this column, please send them to: Eamonn P.S. Roach, 9221 Sandifur Pkwy, Suite C., Pasco, WA 99301, phone: (509) 547-7587, fax: (509) 547-7745; or email eroach@roachlaw.com.
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