The US government on Friday issued a new policy memo tightening rules for foreign nationals on temporary visas seeking permanent residency in the country. Under the updated policy, people wanting a Green Card will now generally have to return to their home country and apply through a US consulate, except in what authorities described as “extraordinary circumstances”.
The new guidance was announced by the US Citizenship and Immigration Services (USCIS), which said adjustment of status within the United States would now be treated as an “extraordinary form of relief” and granted only in limited cases. The move affects individuals on temporary visas such as students, tourists and short-term workers.
USCIS says Green Card applicants should apply from outside the US
In its official release, USCIS said immigration law has long expected non-immigrant visa holders to complete the immigrant visa process through consular processing abroad under 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.
The agency clarified that immigration officers would still review cases individually, but adjustment of status from within the US would no longer be treated as a standard option.
US official says policy restores ‘original intent of the law’
USCIS spokesperson Zach Kahler said the administration was restoring what it believes was the original purpose of immigration law. He added that temporary visa holders are expected to leave the United States once their authorised stay expires.
“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,” Kahler said. The statement signals a major tightening of immigration procedures for foreign nationals already living in the US on temporary visas.
USCIS says move will reduce burden and help process priority cases
Kahler also said the revised process would reduce pressure on USCIS resources and allow the agency to focus on other immigration matters. “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.
According to USCIS, the policy shift is aimed at streamlining the immigration system while ensuring that temporary visa holders follow the legal process for permanent residency applications.
Khalid Qasid is a media enthusiast with a strong interest in documentary filmmaking. He holds a Master’s degree in Convergent Journalism from AJK MCRC. He has also written extensively on esports at Sportsdunia. Currently, he covers world and general news at NewsX Digital.
