1 day ago
Lawsuit Challenges New US Green Card Application Rules
Some immigrants can apply for a green card while already living in the United States.
Two new government policies changed how those applications may be judged.
A group of immigrants and organizations says the changes could make it harder to get approved.
They also worry that people could have to leave the country and be apart from family or work while applying from abroad.
The lawsuit says one policy counts applying from inside the country against some applicants.
It says another can let officials deny some applications without first asking for more evidence.
The plaintiffs want a court to stop the policies.
The case has not been decided, so a judge has not ruled on whether the policies are unlawful.
Immigrant applicants, workers, educators and advocacy groups sued over two USCIS policies issued in May and August.
The May policy treats applying for permanent residence from within the United States as a negative factor in some discretionary decisions.
The lawsuit says applicants may need to show unusual or outstanding considerations to overcome that factor.
The August policy allows denials in certain circumstances without first giving applicants a chance to submit more evidence, and reportedly covers pending applications.
Filed October 5, the case seeks to block the policies; it remains pending, with no ruling on their legality.
- Who
- Six individual green card applicants and organizations including the American Association of University Professors, the Service Employees International Union and Americans for Immigrant Justice filed the lawsuit.
- What
- They are challenging two USCIS policies governing adjustment-of-status applications and asking a court to block and set them aside.
- Where
- The case is in the United States; the article does not specify the court's location.
- When
- The lawsuit was filed October 5; the challenged policies were issued in May and August. The case remains pending.
- Why
- The plaintiffs say the policies could penalize eligible applicants for applying from within the country and permit some denials without an opportunity to provide additional evidence.
Plaintiffs' position
Government policies under challenge
Applying from inside the United States
Plaintiffs' position
The plaintiffs say choosing adjustment of status should not count against otherwise eligible applicants and could lead to family separation, job disruption and waits abroad.
Government policies under challenge
The May USCIS policy directs officers to treat applying from within the United States rather than using consular processing abroad as a negative factor in certain discretionary decisions.
Opportunity to provide more evidence
Plaintiffs' position
The challengers object that some applicants could be denied without a chance to submit additional evidence, including people whose applications were already pending.
Government policies under challenge
The August policy permits officers, in certain circumstances, to deny applications without first requesting additional evidence.
Key facts
- Policies challenged
- Two USCIS policies issued in May and August
- May policy
- Treats seeking permanent residence from inside the United States as a negative discretionary factor, according to the lawsuit.
- August policy
- Allows denials in certain circumstances without first giving applicants an opportunity to submit additional evidence, according to the lawsuit.
- Plaintiffs
- Organizations and six individual green card applicants
- Filing date
- October 5
- Case status
- Pending; no court ruling has determined whether the policies are unlawful.
- Case name
- American Association of University Professors et al. v. U.S. Department of Homeland Security et al.
Quotes
Leslie Dellon
Senior attorney for business immigration at the American Immigration Council
“For decades, people who met the requirements to apply for a green card from inside the United States were able to do so without having that choice count against them.”
thehansindia.com
“The executive branch cannot rewrite that system and then treat people's lawful actions as a reason to deny them said permanent residency.”
thehansindia.com
Sources
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