News
Sri Lankans among those affected by new Green Card policy
Unprecedented US crackdown:
U.S. Citizenship and Immigration Services (USCIS) has issued a policy memo directing that temporary visa holders (such as students, tourists, and temporary workers) who wish to obtain a U.S. Green Card must now return to their home countries and complete the process through consular processing via the U.S. Department of State.
This sweeping policy ended the longstanding practice of “adjustment of status” from inside the United States, requiring applicants to leave the country while their paperwork is processed abroad, US based sources told The Island, adding that quite a number of Sri Lankans would be affected.
Key details of new policy:
Who it affects: Noncitizens on temporary visas currently living in the U.S. who wish to permanently adjust their status to Lawful Permanent Residents.
Where to apply: Applicants will be required to leave the United States and wait for their applications to be processed at a U.S. embassy or consulate in their country of origin.
Exceptions: USCIS has indicated that adjustment of status from within the U.S. will now only be granted in limited “extraordinary circumstances,” evaluated on a case-by-case basis.
Prior Actions: This does not apply to noncitizens who already hold valid, active Green Cards
Annually about a million people apply for green cards and half of those apply from within the U.S. to change their status while they are living here, a former USCIS official said.
Sources said that immigrants seeking a green card will have to leave the country and apply at an embassy or consulate abroad. The US Citizenship and Immigration Services (USCIS) said last Friday that people seeking a change in status must do so through consular processing outside of the country “except in extraordinary circumstances”.
This was in line with Trump administration’s efforts to curtail illegal immigration – closes a loophole that had allowed visa holders and visitors to apply for a green card while still in the US, sources said.
Critics of the policy say the longstanding system allowed families to stay together during the lengthy application process.
The new method could also make it difficult or impossible for some immigrants who leave the country in hopes of gaining a green card to return.
The USCIS policy memo states that people such as students, temporary workers or people on tourist visas need to go through the Department of State from outside of the US.
“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 illegally after being denied residency,” USCIS said, making the system “fairer and more efficient”.
On X, the Department of Homeland Security, which oversees USCIS, said: “The era of abusing our nation’s immigration system is over.”
“From now on, 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,” U.S. Citizenship and Immigration Services spokesperson Zach Kahler said in a statement. “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 U.S. illegally after being denied residency.”
The statement said that those who come to America on non-immigrant visas, including students, temporary workers and tourists, are expected to be in the United States for a short time and for a specific purpose.
“Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” Kahler said.
“Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities,” he said in the statement.
He said this process would “make our system fairer and more efficient.”
Former USCIS official Doug Rand said that in a typical year, 1 million people apply for green cards and half of those apply from within the U.S. to change their status while they are living here.
“The purpose of this policy is exclusion,” Rand said in a statement. “Remember that Trump has banned people from over 100 countries from returning to the U.S., so forcing them to go abroad for consular processing is no pathway at all.”
News
PSTA worse than PTA: FSP
The Frontline Socialist Party (FSP) yesterday accused the government of seeking to use the proposed Protection of the State from Terrorism Act (PSTA) to suppress popular political activity, claiming that some of its provisions were more repressive than those of the Prevention of Terrorism Act (PTA).
FSP Education Secretary Pubudu Jayagoda told a media briefing, in Nugegoda, that the definition of terrorism in the Bill was so broad that it could be used to label almost any form of popular political activity as terrorism.
He said the Bill’s approach to defining terrorism was based largely on attempts to compel a government, or an international organisation, to do, or refrain from doing something, rather than on internationally recognised criteria, such as killings, causing serious bodily harm, kidnapping or acts intended to spread terror among the public.
Jayagoda also alleged that the Bill transferred substantial powers from the judiciary to the executive, while extending powers of arrest, investigation and detention to the armed forces, in addition to the police.
He claimed that the government had sought to portray the Bill as a replacement for the PTA while retaining or introducing provisions that could facilitate political victimisation and repression.
The FSP also questioned the government’s decision to proceed with the Bill, despite having previously sought public views on an earlier draft.
Jayagoda said a draft had been published earlier this year, with the period for public submissions ending on February 28, but the Bill subsequently gazetted was essentially the same draft with some provisions rearranged.
Jayagoda also referred to a letter reportedly sent by Attorney-at-Law Saliya Peiris, a member of a Committee, chaired by President’s Counsel Rienzie Arsecularatne, that had been appointed to draft the legislation. He said Peiris had stated, in the October 06 letter, that changes had been made to the draft prepared by the Committee.
“This means that even the Committee, appointed to prepare the Bill, was a deception,” Jayagoda alleged.
He said that the PSTA was fundamentally similar to the Anti-Terrorism Bill introduced by the previous government, in 2023, which the National People’s Power (NPP) opposed and challenged in court.
“If the NPP opposed that Bill then and is now bringing the same legislation before Parliament, the government must explain its position,” he said.
Jayagoda called on NPP MPs to oppose the PSTA in Parliament and urged trade unions and other groups to build a broad public movement against the legislation.
He challenged the government to an open debate on the Bill.
News
Shiranthi R remanded until 13 Oct.
Former First Lady Shiranthi Rajapaksa was yesterday remanded until 13 October after being produced before the Colombo Magistrate’s Court following her arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Shiranthi, wife of former President Mahinda Rajapaksa, was arrested at her residence on Poorwarama Road, Kirulapone, after CIABOC officers recorded a statement from her for nearly two hours.
According to the CIABOC, the arrest was made over allegations that Rs. 10 million obtained from the National Savings Bank through the Siriliya Saviya organisation was misappropriated.
The money was allegedly obtained to provide a Computed Tomography (CT) scanner to the children’s hospital. Investigators allege that the scanner was not provided and that the funds were instead unlawfully used.
CIABOC is investigating alleged offences under the Public Property Act and corruption-related provisions in connection with the transaction and other financial activities involving Siriliya Saviya, which was headed by Rajapaksa.
Rajapaksa returned to Sri Lanka on Monday night on a flight from Malaysia after travelling overseas for medical treatment. She left for Singapore on 16 September after being admitted to a private hospital in Colombo on 15 September following an illness.
She had been due to appear before the Financial Crimes Investigation Division (FCID) on 13 October in connection with its investigation into the financial affairs of Siriliya Saviya.
Meanwhile, her lawyers filed an anticipatory bail application before the Maligakanda Magistrate’s Court on Monday, seeking an order preventing her arrest in connection with the FCID investigation.
News
Former NSB Chairman Kariyawasam granted bail
Former National Savings Bank (NSB) Chairman Pradeep Kariyawasam was yesterday granted bail by the Colombo Magistrate’s Court following his arrest by the Commission to Investigate Allegations of Bribery or Corruption (CIABOC).
Kariyawasam, husband of former Chief Justice Shirani Bandaranayake, was arrested in connection with the Bribery Commission’s investigation into the ‘Siriliya Saviya’ account linked to former First Lady Shiranthi Rajapaksa.
The investigation concerns financial activities involving the Siriliya Saviya initiative, which was headed by Rajapaksa, wife of former President Mahinda Rajapaksa.
CIABOC is continuing investigations into the alleged financial irregularities relating to the account.
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