U.S. Citizenship and Immigration Services will only grant “adjustment of status” in extraordinary circumstances

WASHINGTON — U.S. Citizenship and Immigration Services today announced a new policy memo reiterating that, consistent with longstanding immigration law and immigration court decisions, aliens seeking to change their status must do so through a consular process through the Department of State outside the country. Officers are encouraged to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

“We are returning to the original intent of the law, which was to ensure that aliens properly navigate our nation’s immigration system. Now, an alien who is temporarily in the United States and wishes to obtain a green card must return to their home country to apply for one, barring extraordinary circumstances. This policy allows our immigration system to operate as intended by law instead of encouraging loopholes. When aliens apply from their home country, it reduces the need to search and to deport those who decide to slip into the shadows and remain in the United States illegally after being denied residency,” said USCIS spokesperson Zach Kahler.

“Nonimmigrants, such as students, temporary workers, or people on tourist visas, come to the United States for a short time and for a specific purpose. Our system is designed for them to leave once their visit is complete. Their visit should not function as the first step in the green card process. The law allows the majority of these cases to be processed by the Department of State at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall within its jurisdiction, including visas for victims of violent crime and human rights trafficking, naturalization applications and other priorities The law was written this way for a reason, and even though it has been ignored for years, following it will help make our system fairer and more effective.

For more information, see the USCIS Immigration Officer Policy Notice.

For more information about USCIS and its programs, please visit uscis.gov or follow us on X, Instagram, YouTube, Facebook and LinkedIn.

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