USCIS says temporary visa holders must seek green cards from home

Most people living in the United States on temporary visas who are seeking permanent residence will now generally have to leave the country and file their green card applications from home, the United States Citizenship and Immigration Services (USCIS) said today.

In a statement posted on its website on Friday, USCIS said it had released a new policy memorandum restating that, in line with established immigration statutes and immigration court rulings, foreign nationals pursuing adjustment of status are expected to use consular processing through the Department of State outside the United States.

The agency said immigration officers have been instructed to assess each request individually, taking account of all relevant facts and circumstances before deciding whether a person qualifies for what it described as an extraordinary form of relief.

“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,” USCIS spokesman Zach Kahler said.

Kahler said the approach is intended to keep the immigration process operating as the law provides, rather than encouraging applicants to rely on gaps in the system.

“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 added.

According to Kahler, non-immigrants, including students, temporary employees and visitors travelling on tourist visas, enter the United States for limited periods and for defined reasons. He said the framework is built around the expectation that they will depart when that authorised stay ends.

He also said a temporary stay in the United States should not be treated as the opening stage of a green card application.

“Following 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, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”