USCIS: Non-immigrants in US seeking green card must return to home country to apply

Persons on visas in the United States who want to adjust their status to obtain a green card, except under certain circumstances, must now return to their home country and apply, the United States Citizenship and Immigration Services (USCIS) announced today.

USCIS, in a statement on its website on Friday, said a new policy memo has been issued reiterating that, consistent with longstanding immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside the country.

The department said officers are now 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.

“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,” said USCIS spokesman Zach Kahler.

“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 added.

Kahler stated that non-immigrants, such as students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose, and the system is designed for them to leave when their visit is over.

He said their visit should not function as the first step in the green card process.

“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.”

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