U.S. Citizenship and Immigration Services said Friday it will grant adjustment of status only in extraordinary circumstances, directing nonimmigrants seeking a green card to apply through consular processing outside the United States in most cases.
The new policy memo tells officers to consider all relevant factors and information case by case when deciding whether an applicant qualifies for what the agency described as an extraordinary form of relief.
USCIS said the policy is consistent with long-standing immigration law and immigration court decisions. The agency said aliens seeking adjustment of status generally must go through the Department of State at U.S. consular offices abroad.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesman Zach Kahler said in the release.
Kahler said a person who is in the United States temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances.
The agency said nonimmigrants, including students, temporary workers and people on tourist visas, enter the United States for a limited time and a specific purpose. USCIS said those visits should not serve as the first step in the green card process.
USCIS said shifting most of those cases to consular processing would free limited agency resources for other work, including visas for victims of violent crime and human trafficking, naturalization applications and other priorities.
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