The U.S. Citizenship and Immigration Services (USCIS) on Friday announced a new policy requiring a bulk of foreigners seeking permanent residency in the United States to first leave the country and apply for immigrant visas from abroad.
In a policy memorandum, the USCIS said applicants already in the U.S. on temporary visas, whether students, tourists or temporary workers, would now be expected to pursue green cards through consular processing overseen by the U.S. Department of State. It said the “adjustment of status” inside the U.S. would now be granted in “extraordinary circumstances” and on a “case-by-case” basis.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said in a statement released with the memo. The memo also directs immigration officers to consider whether an applicant’s conduct was “inconsistent” with the purpose of the visa or parole under which they entered the country.
“An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply,” read a statement posted by the official account of Homeland Security on X. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation’s immigration system is over,” it added.
The move is part of President Donald Trump’s broader policy to tighten up immigration pathways. It would also impact H1B visa-holders, meaning they could at times be required to return home and remain there while their visa status is pending. It could also, potentially, impact people married to U.S. citizens, as well as applicants with U.S.-born children.