Trump orders Kenyans seeking green cards to leave US and reapply from home

Kenyans living in the United States on temporary visas now face an abrupt choice: abandon jobs, uproot families, and return home to pursue permanent residency—or risk losing their green card dreams altogether.

<cite index="21-4,22-11">The Trump administration announced on Friday, May 22, that most non-immigrants already in the US will no longer be able to apply for green cards domestically and must instead complete the process through US embassies in their home countries.</cite> <cite index="22-14">US Citizenship and Immigration Services (USCIS) described adjustment of status as a "discretionary form of relief," giving immigration officers greater authority to decide who may pursue permanent residency while remaining in the country.</cite>

<cite index="23-3,23-4">The policy is expected to affect thousands of Kenyans, who represent one of the largest African source countries for non-immigrant visas to the US, including students, temporary workers, and visitors.</cite> <cite index="22-18,22-19">An estimated one million pending applications are now in limbo, with affected applicants—including many Kenyan nationals—facing the prospect of separation from families and employment disruption while completing the process through consular posts abroad.</cite>

Who must leave

<cite index="22-12,22-13">Under the revised approach, individuals on temporary visas will generally no longer be able to apply for permanent residency while remaining in the US; instead, they are expected to return to their countries of origin and complete the process through US embassies abroad.</cite>

<cite index="22-20">Certain categories, such as holders of visas with dual intent like the H-1B, may still be eligible to adjust status within the US, though most other applicants will be directed to consular processing.</cite> <cite index="22-17">Refugees and asylum seekers are expected to remain exempt from the revised rules.</cite>

The change reverses a longstanding policy that allowed people who entered the US legally on student, work, or visitor visas to transition to permanent residency without leaving. <cite index="23-6,23-7,23-8,23-9">The Trump administration argues this is a policy change to seal loopholes that led to abuse of the original intent of adjustment of status in immigration law: that non-immigrant foreigners or temporary visitors should leave the US when their authorized stay ends.</cite>

<cite index="21-7,21-8">USCIS spokesperson Zach Kahler defended the policy, saying it would strengthen enforcement and reduce cases of people overstaying after failed applications: "When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US unlawfully after being denied residency."</cite>

What it means for Kenyans in America

<cite index="23-34,23-35,23-36">It means that applicants for adjustment of status may have to return home for visa processing, which could lead to family separation or loss of employment; in addition, stricter scrutiny and discretionary denials could extend processing times for applicants.</cite>

<cite index="22-15,22-16">Immigration officers will now assess applications on a case-by-case basis, taking into account factors such as immigration history, family connections and personal conduct; cases involving unauthorized employment or visa overstays may face a higher risk of refusal.</cite> <cite index="22-6">Immigration lawyers have advised that applicants may need more extensive legal preparation to meet the stricter requirements and navigate the revised procedures.</cite>

<cite index="22-7">The changes are also expected to place additional pressure on US embassies handling visa processing overseas.</cite> Kenyans who traveled to the US as students, on work permits, or through family sponsorship and later sought to adjust their status will now need to return to Nairobi and apply through the US Embassy there—a process that can take months and offers no guarantee of approval.

“"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."”

What comes next

The policy took effect immediately on May 22. <cite index="22-3">The changes are likely to affect a large number of pending applications, estimated at around one million.</cite> There is no indication the administration plans to grandfather existing applications filed before the announcement.

Kenyan diaspora organizations in the US are urging affected community members to consult immigration attorneys before making travel decisions. The new rules do not affect Kenyans who already hold green cards or US citizenship, nor do they change the eligibility criteria for those applying for the first time from Kenya—only the requirement that most applicants must now do so from outside the United States.

Reporting drawn from Kenyan Post, Mwakilishi, Daily Nation.