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Major Green Card Change Could Hit After Birthright Citizenship Case

Major Green Card Change Could Hit After Birthright Citizenship Case

Summary

A Supreme Court case on birthright citizenship may lead to stricter reviews of some green card applications. This could especially affect people who overstayed visas but have U.S.-born children over 21 who can sponsor them for residency.

Key Facts

  • The Supreme Court will soon rule on challenges to President Donald Trump’s order limiting birthright citizenship.
  • Leon Fresco, a former Obama immigration official, warned that some green card applicants may face more scrutiny depending on the ruling.
  • People who entered legally but overstayed visas and now have adult U.S.-born children may be most affected.
  • Officials might increase case-by-case reviews instead of making new blanket rules.
  • Applicants seeking green cards through marriage to U.S. citizens could also see tougher reviews.
  • The Department of Homeland Security clarified most green card applicants won’t have to leave the U.S. while their cases are processed, though this is decided individually.
  • Leaving the country to apply for a green card can cause job loss and family separation, making many applicants reluctant to leave.
  • President Trump’s order seeks to stop automatic citizenship for children born in the U.S. to certain noncitizen parents, challenging the 14th Amendment.
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