New federal policy could force thousands of people living legally in the United States — including many in the Chicago area — to leave the country or lose their shot at a green card.
Officials said they would eliminate the option for many immigrants seeking a green card to complete the process without having to leave the U.S. Instead, in most cases, those immigrants will be required to return to their home countries in order to apply for an immigrant visa overseas through an American consulate, officials said.
Current and former U.S. immigration officials told CBS News the memo published Friday would likely have wide-ranging implications, forcing groups like students, tourists and other temporary visa holders, as well as those who entered legally but overstayed their visas, to leave the country before trying to obtain a green card through sponsorships filed by U.S. citizen spouses or employers.
For many immigrants, going back home could make it difficult or impossible for them to return to the U.S., due to a travel ban affecting citizens of 39 countries — most of them in Africa and Asia — and a pause on all grants of immigrant visas for people in 75 countries seeking to move to the U.S. permanently.
Experts said the announcement is sparking confusion and uncertainty among many, including potentially thousands in Chicago.
 A statement from a U.S. Citizenship and Immigration Services spokesman Zach Kahler said, “This policy allows for our immigration system to function as the law intended instead of incentivizing loopholes.”
“It is going to create a lot of confusion, and it is going to prevent folks from applying for their green card when they are eligible to do so,” said Eréndira Rendón, vice president of immigrant justice of the Resurrection Project, which offers immigration legal services.
Rendón said the policy change could affect thousands, primarily targeting people who entered the U.S. legally with temporary status such as student or work visas, and leaving them in limbo. Rendón said she believes this is intentional.
“The ultimate goal is to make sure that folks continue to stay undocumented or that folks fall out of status if they’re losing potentially their current visa,” she said.
Pedro Gerson of the Chicago Kent College of Law said the Trump administration’s position is likely to be challenged, as he said policy has allowed people applying for an adjustment of status to stay in the country legally as the process plays out.
“The administration saying, like, we are just turning back the clock to what it’s supposed to be. That’s not at least how Congress has understood it,” Gerson said. “I think that litigation is coming down the pipeline. But also, just the way in regards to litigation, the way that USCIS is starting to enforce this, that will also give us an idea of exactly what it means.”
As for what people potentially impacted should do, Rendón encourages them to get legal help.
“If their green card is pending, they should talk to their attorney immediately to try to understand what could be the implications for their case,” she said.
USCIS aid green card applicants in the U.S. who provide an economic benefit or serve national interest would be allowed to stay in the U.S. as their application process continues.
