USCIS green card policy requires most applicants to file from home country

The US Citizenship and Immigration Service said on Friday that many migrants in the United States must leave to apply for permanent residency. The agency said people in the country on short-term visas should not start the Green Card process inside the US. Applications will generally shift to consular processing through the Department of State abroad.

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USCIS spokesman Zach Kahler said the change affects people staying in the US temporarily. Kahler said, "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,\" in a statement. Kahler also said the aim was to follow the law’s original purpose.

USCIS Green Card policy memo shifts applications abroad

The agency announced a new policy memo on adjustment of status rules. USCIS said long-standing immigration law and court decisions require consular processing outside the US. This means applicants must work through the Department of State at US consular offices. The memo restated that this approach is consistent with established legal practice.

The memo also told officers to review requests case by case. USCIS said staff should weigh all relevant facts and information. The agency said exceptions may apply only as an extraordinary form of relief. It did not describe specific examples in the memo announcement.

USCIS Green Card rules focus on nonimmigrants and departures

USCIS said nonimmigrants include students, temporary workers, and visitors on tourist visas. The agency said these travellers enter for a limited period and a defined reason. USCIS said its system expects them to depart once the visit ends. It added that their stay should not become the first stage of seeking a Green Card.

Kahler said the US was returning to the original intent of the law. Kahler said, \"This policy allows our immigration system to function as the law intended instead of incentivising loopholes.\" Kahler also said, \"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,\".

USCIS Green Card changes aim to manage resources and priorities

USCIS said handling most cases abroad can ease pressure on limited agency capacity. It said this lets the State Department process many applications at consular offices. USCIS said it can then focus on cases within its role. These include visas for victims of violent crime and human trafficking, and naturalisation applications.

USCIS said the law set these steps for a clear purpose. The agency said the approach was not followed for years. It said following the law would help improve fairness and efficiency. The agency linked the change to better system use and fewer incentives for unlawful stays after denial.

With inputs from PTI