The United States revamped its policy on how foreign nationals can apply for permanent residency or a Green Card, requiring most applicants to return home before initiating the process instead of doing so from within the country.
Previously, in a process known as “Adjustment of Status (AOS)”, a foreign national living in the United States on a student, tourist, or work visa could apply for a Green Card without leaving the country. Under the new policy issued by U.S Citizenship and Immigration Services (USCIS), the AOS is reclassified as an “extraordinary form of relief”, which means that process can be approved only in limited and exceptional cases.
The release said, “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.”
Spokesperson for the USCIS Zach Kahler said that the policy restored the “original intent of the law” and said that temporary workers were expected to leave the United States after their authorised stay ended.
“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,” said Kahler.
The U.S Homeland Security posted on X on Friday, emphasising the aim behind the policy change.
The post read, “An alien who is in the U.S temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation’s immigration system is over.”
