USCIS Tightens Green Card Application Process for Foreign Nationals

The United States Citizenship and Immigration Services (USCIS) announced on Friday that individuals awaiting green cards must exit the United States to apply from their home countries. This directive marks a return to the original intent of US immigration law, according to USCIS spokesman Zach Kahler.

Kahler explained, "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." The USCIS also communicated this change via social media, stating, "USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the US to return to their home countries to apply for permanent visas through the State Department."

A newly issued policy memo reiterates that adjustment of status must occur through consular processing outside the US, in alignment with existing immigration law and court precedents. Officers will consider each case individually when deciding whether the applicant qualifies for exceptional relief.

Kahler commented, “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.”

The USCIS also highlighted that nonimmigrant visitors such as students, temporary workers, and tourists are in the country for limited durations and specific purposes, reinforcing that their stays should not serve as the initial step in the green card process. The agency stated, “Following the law allows the majority of these cases to be handled by the State Department at the 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.”

The USCIS concluded by emphasising the importance of adhering to the law, stating, “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.”