The Trump administration is moving to tighten U.S. green card rules by limiting when temporary visa holders already inside the United States can apply for permanent residency without leaving the country.
An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.
This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
U.S. Citizenship and Immigration Services announced new guidance Friday directing immigration officers to treat the shift from temporary nonimmigrant status to lawful permanent residency as a process that should generally take place outside the United States. The guidance applies to adjustment of status applications under Section 245(a) of the Immigration and Nationality Act.
Under the updated approach, people seeking lawful permanent residency would usually need to return to their home country, complete required screening, obtain an immigrant visa through the U.S. Department of State, and then reenter the United States as immigrants.
USCIS says the change addresses what the Trump administration describes as a loophole that allowed migrants to remain in the United States while waiting for permanent residency.
USCIS Director Joseph Edlow said the administration wants to restore the intended separation between temporary admission and permanent residence.
“Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.”
The guidance says applicants should be allowed to complete the adjustment of status process from inside the United States only in “extraordinary circumstances.” In those cases, USCIS officers would handle vetting instead of relying on the regular immigrant visa process abroad.
Immigration officers have been instructed to review all relevant factors on a case-by-case basis when deciding whether someone qualifies for this form of administrative relief.
Section 245(a) of the Immigration and Nationality Act allows the status of a person who was “inspected and admitted or paroled into the United States” to be adjusted to lawful permanent resident status at the attorney general’s discretion.
To qualify, the person must apply for adjustment, be “eligible to receive an immigrant visa,” be admissible for permanent residence, and have “an immigrant visa immediately available” when the application is filed.
The administration’s new interpretation places greater emphasis on immigrant visa eligibility and overseas processing. It argues that applicants already in the United States should not routinely complete permanent residency applications domestically unless their circumstances meet a higher threshold.
The policy shift marks another effort by the Trump administration to reshape U.S. immigration processing and restrict domestic pathways for migrants who entered on temporary status. USCIS officers will now apply the updated guidance when reviewing adjustment of status cases, with limited exceptions expected to depend on the facts of each application.
