The US Citizenship and Immigration Services (USCIS) has issued a new policy memo tightening rules for foreign nationals on temporary visas seeking permanent residency in the United States.
Under the revised policy, individuals seeking a Green Card while staying in the US on non-immigrant visas such as student, tourist or temporary work visas will generally be required to return to their home country and complete the immigration process through US consulates abroad.
According to the USCIS statement, adjustment of status within the United States will now be treated as an “extraordinary form of relief” and granted only in limited cases.
The agency said the policy aligns with long-standing immigration law and court decisions that expect non-immigrant visa holders to pursue immigrant visa processing through consular channels managed by the United States Department of State.
The USCIS stated that officers would assess requests on a case-by-case basis while considering all relevant circumstances before allowing adjustment of status from within the country.
USCIS spokesperson Zach Kahler said the move restores the “original intent of the law” and reinforces the expectation that temporary visa holders should leave the US once their authorised stay ends.
He said individuals seeking permanent residency should ordinarily apply from their home country unless exceptional circumstances justify otherwise.
According to Kahler, the revised process is intended to reduce misuse of the immigration system and discourage individuals from remaining in the country illegally after being denied residency.
He also said the change would reduce the administrative burden on USCIS and allow the agency to focus resources on other immigration priorities, including humanitarian visas, trafficking and crime victim cases, and naturalisation applications.
The development comes ahead of a scheduled visit to India by US Secretary of State Marco Rubio, who is expected to arrive on May 23 for a four-day trip.
-ANI
