The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance stating that most individuals in the United States on temporary visas who seek lawful permanent residency, or a Green Card, will generally be required to complete the process outside the country.
The policy memo, released Friday, reinforces Section 245(a) of the Immigration and Nationality Act and directs immigration officers to treat adjustment of status as a process that should typically occur through consular processing at U.S. embassies or consulates abroad. Under the guidance, applicants would generally leave the United States, undergo required screening, and obtain immigrant visas through the Department of State before returning as permanent residents.
USCIS stated that adjustment of status within the United States will only be granted in “extraordinary circumstances.” Officers are instructed to evaluate cases individually, considering all relevant factors before granting this form of relief.
USCIS spokesman Zach Kahler said the agency is “returning to the original intent of the law” and emphasized that individuals in the U.S. temporarily who seek a Green Card “must return to their home country to apply, except in extraordinary circumstances.” He added that the policy aims to reduce system abuse and ensure immigration processing follows established legal procedures.
Kahler also explained that nonimmigrants, including students, temporary workers, and tourists, are expected to leave the country once their authorized stay ends, noting that their visit “should not function as the first step in the Green Card process.” He further stated that shifting most applications to consular processing would allow USCIS to focus resources on other priorities, including visas for crime victims, naturalization, and humanitarian cases.
The Department of Homeland Security echoed the policy direction, stating that individuals on temporary status seeking permanent residency must apply from their home countries, reinforcing the distinction between temporary admission and permanent residence. Officials said the approach is intended to align immigration practice with long-standing law and court decisions.
