The Trump administration is tightening rules for non-immigrant visa holders planning to “adjust status” and obtain their green card while they are in the US — a policy that would require foreigners, including Filipinos, to return to their home countries to process their US residency appeal.

While the rule is unlikely to impact a “big majority” of Filipinos, given that most of them apply from the Philippines through family petitions or employers, the Philippine Embassy in Washington, D.C. has this advice for those fretting over the US guidance announced last May 22 — reassess your options based on the strength of your applications.

“We advise affected Filipinos in the US to closely follow the developments as the US government might issue further official clarification on this matter. If needed, they may also consult qualified immigration lawyers to help them navigate the complexities of the US immigration system,” Embassy Minister and Consul General Zoilo Velasco told the Philippine News Agency.

“Again, this is a continually evolving matter. The embassy stands ready to assist as necessary with due regard to the immigration policies of the host country,” he added.

The official said it is still “unclear how broadly or strictly” US authorities will implement this guidance, as it did not specify which non-immigrant visas would be covered.

He pointed out that the US Department of Homeland Security (DHS) has clarified that applications would be decided “on a case-by-case basis, and it will be discretionary on the part of the individual immigration officers.”

“How this will impact Filipinos in the US is hard to tell, especially in view of the changing tone of the US government after it was announced,” he said.

Immigrant advocates earlier expressed concern over the green card rule, seeing it as a blanket policy that would affect even foreign nationals with a pending US-filed green card application.

The DHS earlier confirmed to The New York Times that most immigrants won’t need to leave the US to obtain a green card, and that the May 22 announcement is to be implemented on a case-to-case basis.

Not a new law

New York-based immigration lawyer Nicolas Caraquel said the green card guidance was not new, but a stricter enforcement of an existing law to encourage foreigners to use the right pathway to secure permanent US residency.

The rule, now in its implementation stage, he said, would likely see holders of tourist visas and J-1 — all non-immigrant visas — with “no exceptional circumstances” compelled to apply for a green card in their home country.

“The way I read it, it’s really one way of addressing the abuse or the circumventing of what the real intent of immigration law is. It’s not new, it’s just actually stricter enforcement,” he said in a separate interview.

Prior to this, Caraquel said the policy was more lenient for some temporary visa holders. For example, tourists who got married and decided to apply for residency after staying at least four months there.

“They are only more restrictive now with non-immigrant visa holders applying for a green card while still in the US. That is basically the context of what the new policy is,” he added.

He clarified that temporary visa holders applying for a status change or extension may still do so, as long as their US-filed application is not for a green card.

“For example, [if] you are on tourist visa, and you want to study; or you’re holding tourist visa, and you want to extend it for another six months, you can apply because that is still allowed,” he said.

Positive news

Caraquel said the legal community in the US had been hearing positive news from green card seekers interviewed by US authorities during the initial implementation week of the directive, as most of their cases were considered “exceptional circumstance.”

An example of this are foreigners holding H-1B visa, or those employed in specialty occupations, such as teachers.

Some of the teachers, Caraquel shared, were able to get permission to obtain visas from the US by articulating their inability to leave their students behind for a months-long processing of papers at home, pointing to the current scarcity of teachers in the US.

“So, it’s really a case-to-case basis,” he said.

“The nature of their visa actually allows dual intent, meaning the law allows them to apply for the green card. So, yes, the policy has been implemented and then ‘yung dual-intent visas ina-allow naman.”

But as the Trump administration’s tightly regulated immigration policies continue to evolve, Caraquel echoed the embassy’s advice to all temporary visa holders.

“With the strict rule now, just to be safe lang, get consultation na lang para ma-assess anong risk mo,” he said, noting that “deportation is becoming a reality now.”

Based on the latest DHS and embassy data, there are an estimated 350,000 undocumented Filipinos currently residing in the US. (PNA)