USCIS tightens path to green cards inside the US

US Citizenship and Immigration Services has issued a new policy memo saying that, under long-standing immigration laws and immigration court decisions in force for years, foreign nationals seeking to adjust their status for permanent residency must do so through consular processing at the US State Department outside the United States. Staff were also told to review all relevant factors and information in each case when deciding whether a person qualifies for these exceptional waivers.

Spokesman Zach Kahlor said the agency was returning “to the original purpose of the law” to ensure that foreign nationals use the US immigration system properly. “As of now, any person in the United States temporarily who wants to get the Green Card, must return to their home country to apply, except in very exceptional circumstances,” he said.

He added: “This policy allows the immigration system to work as the law intended rather than encouraging legal loopholes. And when people apply from their home countries, it reduces the need to pursue and deport those who decide to remain in the United States illegally after their residency is denied.”

Kahlor also said nonimmigrants, including students, temporary workers, and tourist visa holders, come to the United States for a short period and for a specific purpose. “Our system was designed on the basis that they leave when their visit ends,” he said. “Their visit should not become the first step toward getting the Green Card.”

He said compliance with the law allows most of these files to be handled by the US State Department at US consulates and embassies abroad, while also allowing USCIS to direct its limited resources to other files within its authority, including visas for victims of violent crimes and human trafficking, naturalization applications, and other priorities. “The law was written this way for a clear reason, and although it has been ignored for years, applying it will help make the immigration system fairer and more efficient,” he said.