Restrictions on Green Card Applications for Non-Immigrant Visa Holders in the U.S. - Los Angeles - 1

Recently, due to new policy directions announced by USCIS, there is growing concern among individuals with valid immigration status.

The crux of the issue is that individuals holding non-immigrant visas, such as student visas, work visas, and tourist visas, will not be able to change their status to permanent residency while in the U.S., effectively requiring them to return to their home countries to reapply.

Previously, many people applied for permanent residency through a process called 'Adjustment of Status' while in the U.S.

In fact, about 1 million people apply for permanent residency each year, with roughly half of them processing their applications within the U.S.

However, this new policy direction sends a message to these individuals that "in principle, you should return and reapply."

When processing applications within the U.S., individuals can maintain their jobs and live with their families while waiting for results. However, returning to their home countries changes the situation entirely.

From the government's perspective, the directive to "apply from your home country" may seem like a simple administrative order, but for those affected, it feels like a thunderbolt.

They must purchase plane tickets and leave behind their jobs, schools their children attend, and homes they have settled into. And while waiting for their applications to be processed outside the U.S., it is uncertain whether it will take months or years. What if they are denied? The lives they have built in the U.S. could fall apart.

They may have to reapply for a visa and could spend months or even years apart during the processing period.

Especially for families with children attending school in the U.S., this burden is not just an administrative issue but one that disrupts the entire family's life.

Restrictions on Green Card Applications for Non-Immigrant Visa Holders in the U.S. - Los Angeles - 2

The government's rationale is that non-immigrant visas are intended for 'temporary stays,' and transitioning to permanent residency does not align with the system's purpose.

Additionally, increasing procedures through overseas consulates could reduce cases of illegal residency in the U.S. and allow for more efficient use of administrative resources.

What is frustrating is that these individuals are not illegal residents who have broken the law.

They are people who entered the U.S. legally with valid visas, paying taxes and preparing for permanent residency.

As a result, there is significant opposition to this policy. Even former high-ranking USCIS officials have criticized the essence of this policy as being close to "exclusion."

In particular, for some countries, the difficulty of obtaining visas means that leaving the U.S. could block their path back.

As criticized by international relief organizations, this is not just a matter of administrative inefficiency but a humanitarian issue.

Families will undoubtedly face separation, with one parent stuck in Korea (or their home country) due to visa issues.

It raises the question of where the American value of family unity has gone.

Ultimately, this policy sends a strong signal to those who have settled and are living in the U.S. that "the U.S. is merely a temporary residence until you receive your green card."

The impact feels even greater as it affects those who have entered legally and met the conditions.

How strongly this will be enforced in the future, how many exceptions will be recognized, and how courts or Congress will respond remains uncertain.

However, it is clear that immigration in the U.S. is becoming an increasingly complex game where strategy and timing are crucial, rather than a simple 'opportunity.'