WASHINGTON — U.S. Citizenship and Immigration Services announced a new policy memo stating that most foreign nationals seeking permanent residency, commonly known as a Green Card, will generally be required to apply from outside the United States through U.S. consulates abroad.
The agency said the policy is based on long-standing immigration law and court decisions. Under the updated guidance, immigration officers are instructed to review requests for “adjustment of status” on a case-by-case basis and approve them only in extraordinary situations.
Adjustment of status is the process that allows eligible individuals already in the United States to apply for lawful permanent residency without leaving the country.
USCIS spokesman Zach Kahler said the agency is “returning to the original intent of the law” by requiring most applicants who entered the U.S. temporarily to return to their home countries to complete the Green Card process.
ADVERTISEMENT
“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,” Kahler said in a statement released by the agency.
The policy affects many temporary visa holders, including international students, tourists, and temporary workers. USCIS said such visas are intended for short-term stays and specific purposes, not as the first step toward permanent residency.
According to the agency, requiring applicants to complete processing abroad through the U.S. Department of State would reduce immigration system backlogs and allow USCIS to focus resources on other priorities, including citizenship applications and cases involving victims of violent crime and human trafficking.
The agency also argued that overseas processing could reduce the number of people remaining in the United States unlawfully after being denied residency.
Immigration advocates and attorneys are expected to closely review the policy because adjustment of status has long been a commonly used pathway for eligible immigrants already living in the United States.
USCIS said additional details are available in the policy memo issued to immigration officers.