The United States government has introduced a major shift in its immigration policy that will significantly affect foreign nationals living in the country on temporary visas.
Under the new rules issued by the US Citizenship and Immigration Services (USCIS), most people staying in the US on student, tourist or work visas will now have to return to their home countries to apply for permanent residency or a Green Card.
The move marks a major change from the earlier system, under which many applicants could apply for permanent residency without leaving the US through a process known as Adjustment of Status (AOS).
Adjustment Of Status To Be Limited
For years, Adjustment of Status allowed eligible foreign nationals already living in the US to change their immigration status from temporary
to permanent residency while remaining in the country.
However, USCIS has now reclassified the process as an “extraordinary form of relief”, making it clear that approvals will only be granted in rare and exceptional cases.
In its official statement, the agency said immigration officers would assess applications individually and consider all relevant circumstances before making a decision.
“US Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country,” USCIS said.
Students, Tourists And Workers Among Those Affected
The revised policy is expected to impact a wide range of foreign nationals currently living in the US on non-immigrant visas, including international students, tourists and temporary workers who were planning to seek permanent residency from within the country.
Applicants will now largely be required to complete the Green Card process through US embassies and consulates in their home countries.
USCIS Says Policy Restores ‘Original Intent’ Of Law
USCIS spokesperson Zach Kahler said the new approach is aimed at restoring what the government considers the original purpose of immigration law.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler said.
According to him, people entering the US on temporary visas are expected to leave the country once their authorised stay expires.
Government Says Move Will Reduce Illegal Stay
Kahler said the change would also help reduce cases of people remaining in the US illegally after being denied residency.
He added that shifting most Green Card applications to consular processing abroad would reduce pressure on USCIS and allow the agency to focus on other immigration priorities.
According to the agency, the revised process will help free up resources for humanitarian programmes, including applications involving victims of violent crime and human trafficking, as well as naturalisation cases.
