What does the policy say?<\/p>\n
The directive requires people in the United States who are applying to become lawful permanent residents to leave the country and apply through the consular process rather than \u201cadjustment of status.\u201d An applicant would have to travel to their country of origin to apply at the U.S. consulate there, which, Simon noted, could pose issues for people from countries without a U.S. consulate.\n<\/p>\n
\u201cBasically they\u2019re turning what was and is in the statute a discretionary ability to adjust into something much more narrow and into what they are now deeming it needs to be extraordinary circumstances,\u201d Simon said. \u201cSo it will be the exception rather than the rule.\u201d\n<\/p>\n
Since 1980, a majority of legal immigrants<\/a> have applied for and received lawful permanent residency while residing in the United States through the adjustment of status process.\n<\/p>\n That precedent \u201creally is about minimizing disruption, so that the sponsored family member or employee would not have to leave the U.S. for an unforeseen amount of time,\u201d Simon said.\n <\/p>\n \u201cThis could take months \u2026 if not years,\u201d she said. \u201cIf the person has to leave, it\u2019s pretty drastic.\u201d\n<\/p>\n Are legal challenges expected?<\/p>\n \u201cAbsolutely,\u201d Simon said.\n<\/p>\n \u201c[The memo] is really turning 70-plus years of the rules and the case law upside down,\u201d she said. \u201cAnd it\u2019s frankly creating a new policy, new law that does not exist, that has no legal basis.\u201d\n<\/p>\n Litigation has already been filed challenging<\/a> other immigration-related directives from the Trump administration, including the directive that raised the H-1B petition fee to $100,000<\/a>.\n<\/p>\n Who is impacted now?<\/p>\n