‘A lot of fear and anxiety:’ New green card policy threatens to disrupt path to permanent residency

HONOLULU (HawaiiNewsNow) – New U.S. immigration policy guidance is requiring those applying for a green card to return to their home country to complete the process, and it’s causing anxiety for many who’ve been in America for years.

Read more Hilo murder under investigation; unrelated to Puna manhunt, police say

Last week, on a process called “adjustment of status,” where non-U.S. citizens with certain visas can apply for permanent residency or a green card.

The memo says it’s up to a CIS officer to decide if that process should done in the U.S. or if the applicant has to go back to their home country.

“It upends a lot of people’s lives, they may be going to school, they may already be working, they may already have families,” said attorney and immigrant advocate Sergio Alcubilla, who says his wife, a Japanese national, has had a green card for almost 30 years. “It definitely caused a lot of fear and anxiety in communities.”

He explained that Japanese citizens are not allowed to have dual U.S. citizenship, so she opted for permanent residency instead.

He says she renews it every 5 years without issues, but now she’s worried about the process this year.

“She’s not sure if she needs to now leave the country to renew — she’s been working here for a very long time — even though she has a lawful permanent residency,” he said.

Attorney Esther Yoo, director of the Refugee and Immigration Law Clinic at UH Manoa, says since the memo came out, she’s heard reports of CIS officers asking applicants about their immigration status and history, moral character, and other factors to determine if they warrant “extraordinary discretionary relief” and an “act of administrative grace,” as directed in the new memo.

“You’re going to have to prove to the officers reviewing your application that you deserved to to be able to go through the process while in the United States instead of having to go back to your home country and wait there and go through the interview there,” Yoo said, adding that the process is already costly and stressful for families.

Read more Veteran state lawmaker Belatti enters Hawaii lieutenant governor race

Yoo says there are no reports of denials or detentions so far.

The Trump administration wants to deter people from overstaying or misusing non-immigrant visas, so those on tourist or student visas are more likely to have to leave the country to apply for residency.

“For those who married U.S. citizens, for example, and they overstay their visas, they were still allowed to adjust status and so what this memo is saying is that’s not a guarantee anymore.” she added.

Adding to the anxiety, visa violators could be barred from returning to the U.S. for 3 to 10 years, depending on how long they overstayed.

“Once they leave the country, they can be subject to this bar and especially if they have strong community ties or they have family,” Yoo said.

Advocates expect the policy to be challenged in court, citing a current law that allows noncitizens to apply for green cards in the U.S. with the support of close relatives like parents or a spouse.

“Can the executive branch agency like Department of Homeland Security, can they just kind of ignore that part of the law that Congress passed, right?”

If you have a green card application pending, you’re advised to consult an immigration attorney, because every case is different.

Read more Kawamoto Orchid Nursery: A hidden gem growing in Palolo Valley

Here are some legal resources: