U.S. Issues New Guidance on Green Card Applications From Temporary Visa Holders

U.S. Citizenship and Immigration Services issued new guidance on Friday directing immigration officers to treat adjustment of status applications as discretionary rather than automatic. The memo states that most temporary visa holders are expected to return to their home countries once the purpose of their stay ends.

The Department of Homeland Security posted on X that the policy is intended to ensure the immigration system functions as the law intended instead of incentivizing loopholes. Officers are instructed to review factors such as visa violations, overstaying, unauthorized employment, fraud, and compliance with admission terms on a case-by-case basis.

USCIS noted that certain visa categories permit dual intent, allowing holders to seek permanent residency while in the United States. The agency clarified that these categories do not guarantee approval and do not alter the general expectation that visitors depart when their authorized stay concludes.

The guidance also states that the change will allow the agency to redirect resources toward processing other immigration cases.

Immigrant advocacy groups criticized the measure, warning that it could require vulnerable individuals to leave the United States while awaiting decisions. HIAS said the policy could affect survivors of trafficking as well as abused and neglected children by requiring them to complete parts of the residency process abroad.

The agency acknowledged that some visa categories allow dual intent but emphasized that approval remains discretionary.