Trump Administration Requires Green Card Applications Outside US, Except in «Extraordinary Circumstances»

The Trump administration announced a new policy requiring green card applications to be made outside the US, except in «extraordinary circumstances». This change, effective May 22, could lead to family separations and job losses for Irish people in the US, according to immigration lawyers.

US Citizenship and Immigration Services (USCIS) stated that «aliens» must apply through US consulates in their home countries. Typically, about half of the one million green cards issued annually go to applicants already in the US. This policy shift means hundreds of thousands who apply for an «adjustment of status» from within the US may now need to return home, unless exempted.

While the memo itself doesn't prevent in-US applications, its implementation and the interpretation of «extraordinary circumstances» remain uncertain. James Hollis of McEntee Law Group believes the policy will not survive legal challenges and that most Irish individuals without immigration violations will be fine, but advises those with issues to seek legal counsel.

The American Immigration Lawyers Association (AILA) intends to challenge the policy, calling it a «profound shift» and an attempt to change law without Congress. AILA lawyers Ben Johnson and Shev Dalai-Dheini stated it risks penalizing individuals trying to follow the law and could lead to deportation for those who overstayed visas but were awaiting green card approval. AILA head Jeff Joseph deemed the policy «wrong, reprehensible and illegal» and vowed a quick challenge.