US Green Card rules tighten as USCIS directs most temporary visa holders to complete residency applications outside the US

The United States Citizenship and Immigration Services on Friday announced a significant policy shift restricting the approval of adjustment of status applications within the United States, declaring that such requests will now be granted only under extraordinary circumstances.

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Under the revised US Green Card rules, foreign nationals residing temporarily in the United States, including Nigerians, will generally be required to leave the country and complete their permanent residency applications through American consular offices abroad.

The new policy was outlined in a memo released by USCIS, which stated that immigration officers have been instructed to assess adjustment of status requests on a strict case-by-case basis while considering all relevant factors before granting what the agency described as an “extraordinary form of relief.”

USCIS spokesman Zach Kahler said the changes were designed to restore what the agency considers the original intent of American immigration law and discourage misuse of temporary visa categories.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler stated.

“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” he added.

According to USCIS, the updated US Green Card rules are also intended to reduce the number of immigrants remaining unlawfully in the country after unsuccessful residency applications.

Kahler argued that the revised policy would help eliminate loopholes that previously enabled some temporary visa holders to remain in the United States while pursuing permanent residency.

“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes,” he said.

The agency further explained that directing most Green Card processing to overseas consular offices would allow USCIS to focus more resources on other immigration priorities, including naturalisation applications and humanitarian cases involving victims of violent crimes and human trafficking.

USCIS emphasised that nonimmigrant visa categories such as student visas, tourist visas and temporary work permits are intended for short-term stays and should not automatically serve as pathways to permanent residency.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose,” Kahler explained.

“Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” he added.

The agency maintained that processing residency applications abroad through the United States Department of State would create a more efficient and balanced immigration system.

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The policy change is expected to have sweeping implications for thousands of immigrants currently living in the United States on temporary visas while seeking lawful permanent residency without returning to their countries of origin.