The United States government on Friday unveiled a revised immigration policy that places stricter conditions on temporary visa holders seeking permanent residency, stating that applicants for Green Cards will generally be required to return to their home countries to complete the process unless they fall under “extraordinary circumstances.”
According to a policy memo released by the US Citizenship and Immigration Services (USCIS), adjustment of status from within the United States will now be treated as an “extraordinary form of relief” and approved only in limited situations.
USCIS Reiterates Consular Processing Requirement
The agency clarified that under existing immigration law, foreign nationals holding non-immigrant visas, including students, tourists and temporary workers, are ordinarily expected to pursue immigrant visa processing through US consular offices abroad under the 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 USCIS release stated.
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USCIS Says Move Restores ‘Original Intent’ Of Law
USCIS spokesperson Zach Kahler said the revised guidelines are intended to restore what the administration describes as the “original intent of the law.” He noted that temporary visa holders are expected to leave the country 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.
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Agency Says Change Will Ease Administrative Burden
Kahler further asserted that the revised process would help USCIS redirect its resources toward other immigration-related priorities, including humanitarian protections and citizenship applications.
“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.
Meanwhile, US Secretary of State Marco Rubio is scheduled to begin a four-day visit to India from May 23.
