A major update on US Green Card rules has brought relief to thousands of Indian workers and students hoping to settle in the United States.
The US Department of Homeland Security (DHS) has clarified that most foreign nationals will not be required to leave the US while applying for a Green Card.
They can also remain in the country while their application is being processed.
This clarification comes after concerns grew among immigrants due to a recent rule that appeared to require applicants to return to their home countries during the Green Card process.
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Why Were Indians Worried?
According to reports, anxiety increased after a recent USCIS rule suggested that foreign nationals seeking a Green Card would first need to return to their home country, apply from there, and wait for approval.
This raised concerns among Indian workers and students already living in the US, as it could have forced them to leave the country during the application process.
However, DHS has now clarified that there is no major policy change. Immigration officers will continue to make decisions on a case-by-case basis, just as they have done in the past.
How Indian Students and Workers Get a Green Card
Many Indian students eventually become eligible for a Green Card after completing their studies and finding a job in the US.
The process usually involves several steps:
Job Sponsorship: The applicant must first secure a job with a US-based company willing to sponsor them.
Labor Certification: The employer must show that a suitable US citizen is not available for the position.
Visa Petition: The company files an I-140 petition with USCIS on behalf of the worker.
Priority Date: Applicants must wait until their priority date becomes current.
Adjustment of Status: Those already living in the US can apply for a Green Card by filing Form I-485.
Background Checks: Medical examinations and security checks are completed before final approval.
What Has DHS Said?
DHS stated that immigration officers already have the authority to decide whether an applicant should complete the Green Card process in their home country.
A DHS spokesperson said the recent guidance was only meant to remind officers about this existing discretionary power.
The spokesperson added that people who overstay their visas or come from countries where citizens heavily rely on government benefits may face greater scrutiny.
What Does This Mean for Indians?
Although the clarification has eased some concerns, uncertainty still remains.
Indian applicants are worried because visa processing at US consulates can already take a long time. If an applicant is asked to return to their home country for processing, it could lead to additional delays.
Reports also suggest that USCIS officers are now asking applicants why they are applying for a Green Card while staying in the US.
As a result, Indian workers and students may need to prepare stronger documentation and be ready to clearly explain their eligibility during interviews.
For now, most applicants can continue the Green Card process while staying in the US, but individual cases may still receive different treatment depending on their circumstances.