On the 22nd, the US Citizenship and Immigration Services (USCIS) announced that individuals holding temporary visas who are already lawfully residing in the United States and wish to apply for permanent residency (a "green card") must return to their country of origin and apply through a US consulate abroad. They can no longer adjust their status directly within the United States as has been allowed for several decades.
USCIS spokesperson Carle stated in a press release that the new policy is a return to the original intent of the law and ensures that foreigners are using the US immigration system appropriately.
He said: "From now on, any foreigner temporarily residing in the US who wishes to obtain a green card must return to their home country to apply, unless special circumstances exist."
He noted that this measure can reduce the number of people who, after being denied an application, overstay in the United States and become undocumented residents.
He pointed out that non-immigrant visa holders, including students, short-term workers, and tourists, are supposed to stay in the US only for a specific purpose and for a limited time. The system was originally designed for them to leave once their visit concludes. Their stay should not become the first step to acquiring a green card.
Under the current US system, many people holding student visas, work visas, or other non-immigrant visas can apply for permanent residence through the “adjustment of status” process from within the US. For example, foreign students who are employed after graduation, work visa holders supported by their employers for immigration, or individuals who marry a US citizen can all use this pathway to obtain a green card.
After the new policy announcement, immigration attorneys and human rights groups immediately voiced strong opposition, criticizing the changes for tearing families apart, impacting companies’ hiring, and even potentially facing legal challenges.