In a significant policy shift, the United States Citizenship and Immigration Services (USCIS) will now require individuals awaiting Green Cards to leave the country and wait in their home nations. The agency issued new guidance directing immigration officers to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that should generally occur outside the United States, as reported by the Daily Caller.
USCIS Director Joseph Edlow's Statement
USCIS Director Joseph Edlow emphasized that the agency is reinforcing the distinction between temporary admission and permanent residence. The waiting period between these statuses should be spent in one's home country. This rule targets individuals who entered the US on temporary visas such as B1/B2, F1/M1, J1, H-1B, and O-1, which are intended for tourists, students, and workers with non-immigrant intent. These visa holders can later apply for permanent residence, but the waiting time varies by country of origin. For instance, Indian nationals face extremely long wait times, during which they typically renew their visas.
Details of the New Guidance
The new USCIS guidance states that individuals seeking lawful permanent residency would generally need to return to their home country, undergo screening procedures, and obtain an immigrant visa through the US Department of State before reentering the US as immigrants. Immigrant visas may be employment-based, family-based, or for investors who clarify their intent to live in the US before entry.
Edlow remarked, "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."
Exceptions and Extraordinary Circumstances
The document also specifies that individuals should only be allowed to remain in the US and complete the adjustment of status process domestically in "extraordinary circumstances." In such cases, vetting would be conducted by USCIS officers rather than through the standard immigrant visa process abroad.
This policy change is expected to significantly impact thousands of temporary visa holders who are currently in the Green Card queue, particularly those from countries with high demand and long backlogs.
