USCIS
Visa holders must leave US to seek permanent residency: USCIS
Most immigrants applying for US green cards will now need to leave the country and complete the process at a US embassy or consulate abroad under a newly announced policy.
On Friday, US Citizenship and Immigration Services (USCIS) said individuals seeking to adjust their immigration status must use consular processing outside the US "except in extraordinary circumstances".
The change, part of the Trump administration’s broader crackdown on illegal immigration, removes a pathway that previously allowed some visa holders and visitors to apply for permanent residency while remaining in the country.
Opponents argue the previous system helped keep families together while applications — often taking months or years — were processed. The updated policy may also create challenges for immigrants who leave the US to apply and are then unable to return.
According to the USCIS memo, people on student, work, or tourist visas will generally need to apply through the Department of State from outside the country.
"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 said, adding that the process would be "fairer and more efficient".
The Department of Homeland Security wrote on X: "The era of abusing our nation's immigration system is over."
"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly," USCIS spokesman Zach 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," he continued.
Kahler added that the policy would help the immigration system "to function as the law intended instead of incentivising loopholes" and said temporary visits "should not function as the first step in the green gard process".
Officials have not clarified whether pending green card applications will be impacted.
A USCIS spokesperson told the BBC that applicants whose cases provide economic benefits or serve the national interest would "likely be able to continue on their current path".
"Others may be asked to apply abroad depending on individualised circumstances," the spokesperson added.
Green card holders, officially known as lawful permanent residents, are allowed to live and work permanently in the US. The application process can take anywhere from several months to multiple years.
According to the Cato Institute’s director of immigration studies, more than one million legal immigrants are currently waiting for approval of adjustment-of-status green card applications.
Kahler said shifting more cases to consular offices abroad would allow USCIS to dedicate more resources to other responsibilities, including visas for victims of violent crimes and human trafficking, citizenship applications, and related cases.
The agency said the policy aligns with existing immigration laws and court rulings. Immigration officers have been instructed to "consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief".
Michael Valverde, a former senior USCIS official who served under both Republican and Democratic administrations, told CBS that the announcement would "disrupt the plans of hundreds of thousands of families and employers annually".
"This is a largely unprecedented move that will limit lawful immigration to the US greatly," Valverde said. "People who followed the rules faithfully now face tremendous uncertainty."
The Trump administration has also introduced bans or restrictions affecting citizens from nearly 40 countries. Another policy enacted this year temporarily halted immigrant visa issuance for applicants from 75 countries.
The US State Department warns that overstaying a visa can result in deportation, denial of future visas, and bans on re-entering the country for up to 10 years.
19 days ago
Trump suspends immigration applications from 19 countries
The Trump administration has temporarily halted immigration applications, including green card requests, for individuals from 19 countries previously targeted by travel restrictions. The move follows recent policy changes prompted by the shooting of two National Guard troops.
According to a policy memo posted Tuesday by U.S. Citizenship and Immigration Services (USCIS), the pause affects decisions such as green card approvals and naturalizations for people from countries deemed high-risk. USCIS Director Joseph Edlow will determine when the suspension ends.
Migrants brace for uncertainty under Trump’s new immigration restrictions
Earlier this year, the administration banned travel from 12 countries and restricted access for seven more, citing security concerns. While earlier restrictions did not affect immigrants already in the U.S., the new directive subjects them to additional review, including potential interviews and referrals to law enforcement.
USCIS plans to prioritize cases for review within 90 days, reflecting heightened scrutiny following the Thanksgiving week attack near the White House by an Afghan national. Critics argue the policy penalizes immigrants collectively.
Source: AP
6 months ago