New US Green Card policy requires applicants to return home: What it means for Indians

Washington: The United States government on Friday announced a significant tightening of immigration rules for foreign nationals on temporary visas seeking permanent residency, stating that applicants for Green Cards will now generally be required to return to their home countries to complete the process.

Under the updated policy, adjustment of status within the United States will be treated as an “extraordinary form of relief” and granted only in limited and exceptional circumstances, according to a new policy memo issued by the US Citizenship and Immigration Services.

The move affects foreign nationals holding non-immigrant visas, including students, tourists and temporary workers.

USCIS says Green Card processing should happen abroad

In its official release, USCIS stated that existing immigration law has long required most non-immigrant visa holders to complete the immigrant visa process through consular processing outside the United States via the US Department of State.

The agency said the updated memo reinforces that principle and directs immigration officers to carefully assess requests for adjustment of status on a case-by-case basis.

“US Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief,” the release stated.

Officials say policy restores ‘original intent’ of immigration law

USCIS spokesperson Zach Kahler said the revised policy is aimed at restoring what officials describe as the “original intent” of US immigration law.

According to Kahler, individuals entering the United States on temporary visas are expected to leave the country after their authorised stay expires.

“We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. 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,” he said.

Kahler further argued that the revised policy would discourage misuse of the immigration system and reduce the number of people remaining in the United States unlawfully after residency applications are denied.

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

USCIS says change will reduce administrative burden 

 The immigration agency also said the updated process would help reduce administrative pressure on USCIS by shifting a larger share of immigrant visa processing to US consular offices abroad.

Kahler stated that the move would allow the agency to focus resources on other categories of immigration and humanitarian cases.

“The law allows the majority of these cases to be handled by the State Department at US consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalisation applications, and other priorities,” he said.

Policy likely to impact students, workers and tourists

The revised policy is expected to affect several categories of temporary visa holders currently residing in the United States, including international students, short-term workers and tourists seeking permanent residency pathways.

Under the new interpretation, applicants will generally be expected to leave the United States and complete their immigrant visa processing through American diplomatic missions in their home countries unless they qualify under narrowly defined extraordinary circumstances.

Immigration observers believe the change could significantly alter how foreign nationals plan long-term residency applications in the US.

Marco Rubio scheduled to visit India

The announcement comes ahead of a planned visit to India by Marco Rubio.

Rubio is scheduled to begin a four-day visit to India from May 23 amid ongoing discussions between Washington and New Delhi on strategic, economic and mobility-related issues.

Agency inputs