At least two Jamaica immigration attorneys living in the United States (US) believe the Trump administration is headed for a major legal challenge after the US Citizenship and Immigration Services (USCIS) announced a policy memorandum requiring green card seekers to return to their home country to apply, except under certain circumstances.

“I can bet my last dollar that there will be a lawsuit in short order to stop this,” attorney-at-law Dahlia Walker-Huntington told The Gleaner. “As far as immigration lawyers are concerned, this is against existing law. Adjustment of status is not a policy… a discretionary policy, it is factored into law.”

She pointed to section 245(i) of the Immigration and Nationality Act which allows certain qualifying immigrants to obtain a green card from within the US, even if they entered without inspection, overstayed their visa, or worked without authorisation.