The US Citizenship and Immigration Services has introduced a significant change to its Green Card policy, affecting foreign nationals currently living in the United States on temporary visas.
As per a News18 report, under the updated rules, most individuals on student, tourist and work visas will now be required to leave the US and apply for permanent residency from their home countries. This marks a departure from the earlier system that allowed many applicants to stay in the US while seeking a Green Card through Adjustment of Status.
Adjustment of status to be restricted
For years, the Adjustment of Status enabled eligible applicants already present in the US to shift from a temporary visa to permanent residency without travelling abroad. That pathway is now being narrowed.
Also Read | ‘Love for the United States does not allow me’: Trump skips son’s wedding amid Iran war
USCIS has described the process as an “extraordinary form of relief”, indicating that approvals will be limited to rare situations. Applications will continue to be reviewed individually, with immigration officers considering the specific details of each case.
“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," USCIS said.
Who will be affected?
The revised policy is expected to impact a wide group of foreign nationals already in the US on non-immigrant visas. This includes international students, short-term visitors and temporary workers who were planning to apply for permanent residency while staying in the country.
With the new framework in place, most applicants will now need to complete their Green Card process through US embassies or consulates in their respective home countries.
Govt says move aligns with law
Explaining the shift, USCIS spokesperson Zach Kahler said the change is intended to bring the process back in line with existing immigration law.
Also Read | Trump’s new USCIS rule makes green card process harder for many foreign nationals in the US
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly," Kahler said.
He added that individuals entering the US on temporary visas are expected to leave once their authorised stay ends.
Aim to curb overstay, ease system load
Officials say the move could help reduce cases where applicants remain in the US after their residency requests are denied. By shifting most applications to consular processing, the government also expects to ease the administrative burden on USCIS.
The agency noted that this could allow more focus on other categories, including humanitarian cases such as victims of violent crime and human trafficking, along with naturalisation applications.
