New USCIS Policy Requires Immigrants to Apply for Green Cards Abroad
The United States has introduced a policy change requiring most immigrants seeking a green card to leave the country and submit their applications at a US embassy or consulate overseas.
On Friday, the US Citizenship and Immigration Services (USCIS) stated that individuals seeking a change of status must now undergo consular processing outside the United States, except in "extraordinary circumstances."
This policy is part of the Trump administration's broader initiative to reduce illegal immigration by closing a loophole that previously allowed visa holders and visitors to apply for green cards while remaining in the US.
Critics argue that the previous system enabled families to stay together during the often lengthy application process. The new approach could also complicate or prevent some immigrants who leave the country to pursue green cards from returning.
Policy Details and Rationale
The USCIS policy memo specifies that individuals such as students, temporary workers, or tourists must apply through the Department of State from outside the US.
"When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency," USCIS stated, adding that this makes the system "fairer and more efficient."
On the social media platform X, the Department of Homeland Security, which oversees USCIS, declared:
"The era of abusing our nation's immigration system is over."
USCIS Spokesman Zach Kahler explained:
"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly."
He further added:
"From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances."
Kahler emphasized that the policy allows the immigration system "to function as the law intended instead of incentivising loopholes" and that visits "should not function as the first step in the green card process."
Implementation and Exceptions
A USCIS spokesperson told the BBC that during the policy rollout, "people who present applications that provide an economic benefit or otherwise are in the national interest will likely be able to continue on their current path."
"Others may be asked to apply abroad depending on individualised circumstances," the spokesperson added.
Green Card Process and Backlog
Obtaining a green card, or lawful permanent residency, permits an individual to live and work permanently in the US. The process is multi-step and can take from several months to years.
Currently, more than one million legal immigrants are awaiting approval on their adjustment of status green card applications, according to the Cato Institute's director of immigration studies.
Kahler argued that adhering to the law enables the majority of cases to be managed by the US State Department at consular offices abroad, freeing USCIS resources to focus on other priorities such as visas for victims of violent crime and human trafficking, naturalisation applications, and other critical cases.
Legal Consistency and Case-by-Case Considerations
The agency stated that the move aligns with longstanding immigration law and immigration court decisions. Immigration officers are instructed to "consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief."
Reactions and Impact
Michael Valverde, a former senior USCIS official who served under both Republican and Democratic administrations until last year, told the BBC's US media partner CBS that the announcement on Friday would "disrupt the plans of hundreds of thousands of families and employers annually."
"This is a largely unprecedented move that will limit lawful immigration to the US greatly," Valverde said. "People who followed the rules faithfully now face tremendous uncertainty."
The Trump administration has also implemented bans or restrictions on citizens from nearly 40 countries.
Additionally, another policy introduced this year has paused all visa issuances to immigrant visa applicants from 75 countries.
The US State Department warns that overstaying a visa can result in deportation, ineligibility for future visas, and re-entry bans lasting up to 10 years.
