Do You Want to Apply for Green Card? Then Return to Your Home Country First: Learn About New US Immigration Rules
The US government has issued a new policy that completely alters how foreign nationals visiting on temporary visas can apply for permanent residency or a Green Card. Under the new rules, most individuals will be required to return to their home countries to apply, rather than applying from within the United States.
Now, this changes several things. Previously, many foreign nationals already residing in the US on student, tourist, or work visas could apply for a Green Card without leaving the country. This process was known as "Adjustment of Status" (AOS); it was widely utilized and generally available to all eligible applicants.
The new policy issued by US Citizenship and Immigration Services (USCIS) reclassifies AOS as an "extraordinary relief," meaning it will now be granted only in specific, exceptional circumstances.
This policy impacts anyone currently present in the US on a temporary, non-immigrant visa who was planning to apply for a Green Card—including students, tourists, and temporary workers.
US Citizenship and Immigration Services: What’s New in the Policy Memo?
"US Citizenship and Immigration Services (USCIS) spokesperson Zach Cahler stated that this policy restores the “original intent of the law,” adding that temporary workers are expected to depart the U.S. once their authorized period of stay expires.
Cahler noted that this approach would reduce the need to locate and remove individuals who “go into hiding” and continue to reside “illegally” in the United States even after being denied residency.
He further added that this process would alleviate the burden on USCIS, enabling the agency to focus on other immigration-related priorities, including humanitarian cases and citizenship applications.
Cahler further explained that by channeling the majority of cases through U.S. embassies abroad, USCIS is able to allocate its limited resources to other priorities—including visa applications for victims of violent crimes and human trafficking, as well as citizenship matters.