U.S. Citizenship and Immigration Services Changes Green Card Application Rules

U.S. Citizenship and Immigration Services announced Friday that foreign nationals in the United States who seek permanent residence must generally apply from their home countries. The change ends a process that had allowed many visa holders, spouses of citizens, and refugees to complete green card applications while remaining in the country.

The agency posted the new requirement on its website and later issued a policy memo for staff. It stated that exceptions would apply only in cases involving an economic benefit or national interest. USCIS said nonimmigrant visa holders such as students and temporary workers are expected to depart when their authorized stay ends.

Immigration attorneys reported receiving numerous calls from clients after the announcement. Flavia Santos Lloyd said several planned cases would now be delayed while lawyers assess the new guidance. Charles Kuck described the policy as an effort to limit legal immigration and said he expected lawsuits.

Shev Dalal-Dheini of the American Immigration Lawyers Association said the change may primarily affect people who overstayed visas. Kevin Miner of Fragomen said employment-based visa holders, including many H-1B workers, are likely to remain exempt under the memo's dual-intent provisions.

Matthew Soerens of World Relief said the language leaves open the possibility that refugees could continue to adjust status inside the United States.

The American Immigration Lawyers Association reported that applicants at interviews on Tuesday were asked new questions about why they sought to adjust status in the United States rather than abroad. Some were directed to submit additional evidence showing they would not become public charges. Lloyd said she has advised clients to wait for further clarification before filing new applications.