The US government has tightened rules for temporary visa holders seeking a Green Card. A new policy states they must return to their home country to apply for permanent residency, with adjustment of status in the US now granted only in 'extraordinary circumstances'.
The US government on Friday issued a new policy memo tightening rules for foreign nationals on temporary visas seeking permanent residency, stating that persons wanting a Green Card must return to their home country to apply, except in "extraordinary circumstances".
A US Citizenship and Immigration Services (USCIS) release said that adjustment of status within the US will now be treated as an "extraordinary form of relief" to be granted only in limited cases. The agency said that under immigration law, individuals on non-immigrant visas such as students, tourists, and temporary workers are generally expected to complete the immigrant visa process through consular processing abroad via the US Department of State.
"US Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief," the release said.
Restoring 'Original Intent' of the Law
USCIS spokesperson Zach Kahler said the policy restores the "original intent of the law," adding that temporary visa holders such as students, workers, and tourists are expected to leave the US after their authorised stay ends.
"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivising loopholes. 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," he said.
Kahler further stated that the updated process would reduce administrative burden on USCIS and allow the agency to focus on other immigration priorities, including humanitarian cases and naturalisation applications. "The law allows the majority of these cases to be handled by the State Department at US 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, naturalisation applications, and other priorities," he added.
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