Trump administration forces Kenyans in US to return home for green card applications

Kenyans living in the United States received a shock announcement Thursday: anyone seeking permanent residency must now leave the country and apply for a green card from Nairobi.

<cite index="47-1,47-4">The Trump administration's surprise policy change ends more than half a century of practice</cite> that allowed foreign nationals already in America—including Kenyan students on F-1 visas, professionals on H-1B work permits, and spouses of US citizens—to complete their entire adjustment-of-status application without leaving US soil.

The announcement from US Citizenship and Immigration Services (USCIS) on May 22 stated that <cite index="53-3,53-4">"an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,"</cite> though the agency provided no definition of what qualifies as extraordinary. USCIS officers will decide on a case-by-case basis.

Who this hits hardest

<cite index="21-2,21-3">The policy affects Kenyans who came to the US as non-immigrants—students, temporary workers, or people on tourist visas—who must now return to Kenya and apply with the US embassy in Nairobi for an adjustment of status to permanent resident.</cite> <cite index="21-4">Before this announcement, Kenyans could adjust their status while in the US without having to return home.</cite>

<cite index="47-12">Among those impacted could be individuals married to U.S. citizens, immigrants with humanitarian protection who are applying for a green card, and holders of work visas — including doctors and professionals — as well as student and religious visa holders.</cite>

<cite index="47-10">About 600,000 people already in the U.S. apply each year for a green card,</cite> according to Doug Rand, a former senior advisor at USCIS during the Biden administration, who added: <cite index="47-9,47-10">"The goal of this policy is very explicit. Senior officials in this administration have said over and over that they want fewer people to get permanent residency because permanent residency is a path to citizenship."</cite>

The Nairobi processing bottleneck

For Kenyans, the policy means returning to Nairobi and navigating the US Embassy's visa section—a process immigration attorneys warn could take over a year. <cite index="47-13">At some U.S. consulates abroad, wait times for a visa appointment could take up to more than a year.</cite>

<cite index="21-11">Because USCIS is prioritising adjustment-of-status cases being processed at consular offices abroad, most Kenyans will have to return to the US embassy in Nairobi to apply for an immigrant visa.</cite> The practical effect: separation from jobs, disruption of children's schooling, and potentially months or years of waiting in Kenya with no guarantee of approval.

<cite index="21-7,21-9">Immigration officers now have added discretion to decide whether to approve applications or force applicants currently in the US to file from their home country. That means adjustment of status is no longer automatic. Unlike in the past when it was routine for those meeting the requirements upon application, USCIS officers can now determine if a case merits a favourable exercise of discretion.</cite>

<cite index="21-10">Such adjustments will only be granted under "extraordinary circumstances."</cite>

What disqualifies you

<cite index="21-15">Red flags and factors that could work against approval of applications in the US include if applicants engaged in unauthorised employment, made false statements, or overstayed their visas.</cite> For Kenyans who have lived in the US for years, even minor infractions could now mean mandatory return and re-application from Nairobi.

One potential exception: <cite index="21-19">Adjustment of status may still be granted if the applicant holds an H-1B visa – a visa category with dual intent—or qualifies through humanitarian relief.</cite>

Legal pushback mounting

<cite index="52-16,52-17">The new rule is likely to face legal challenges. Since being announced Friday, it has already faced a torrent of criticism from attorneys, lawmakers and immigration advocates.</cite> Immigration lawyers scrambled Thursday and Friday to decipher the full scope and timeline of the policy.

<cite index="47-14,47-15">Immigration attorneys were picking through the policy memo and announcement Friday afternoon, trying to decipher who it would apply to. Organizations that provide legal and other assistance to immigrants said they were hearing from clients concerned about what the new guidance would mean for them.</cite>

<cite index="47-16">"It's really hard to tell how this is going to be applied,"</cite> said Jessie De Haven, senior staff attorney with the California Immigration Project.

<cite index="51-7,51-8">"If families are told that the non-citizen family member must return to his or her country of origin to process their immigrant visa, but immigrant visas are not being processed there, it's a Catch-22. These policies will effectively create an indefinite separation of families,"</cite> wrote World Relief, a humanitarian and refugee resettlement organization.

What Kenyans should know

<cite index="47-11">USCIS did not say when the change would come into effect, whether individuals would be required to remain in another country throughout the entire process, or whether the policy impacts foreigners whose green card applications are already underway.</cite>

<cite index="21-16,21-17,21-18">Bowling Green University professor Kefa Otiso sees this change as an extension of the harsher Trump immigration policy towards foreigners. "This is a continuation of his (President Trump's) State of the Union Address, in which he vowed to continue his immigration crackdown. In short, tougher immigration enforcement will continue to affect Kenya and most African countries."</cite>

<cite index="21-22">Shifting the burden of adjustment of status to understaffed US consular offices abroad could lead to longer delays in Kenyans getting visas and approvals.</cite>

Kenyans with pending applications are advised to consult immigration attorneys immediately to assess whether they fall under the new rule and what their options are. The announcement comes as the latest in a series of Trump administration measures tightening both legal and illegal immigration pathways.

Reporting drawn from Nation Africa, NPR, CNN, NBC News, PBS NewsHour, USCIS.