New Immigration Policy Limits Green Card Applications for Noncitizens in the U.S.
U.S. Citizenship and Immigration Services (USCIS) announced on Friday a significant policy shift, imposing stringent limitations on the circumstances under which noncitizens currently residing in the United States can apply for permanent residency. From now on, most immigrants will be required to leave the country and apply for a green card through a U.S. State Department consulate in their home countries.
The policy guidance released by USCIS indicates that this rule also affects noncitizens who are temporarily in the United States, although exceptions may apply under “special circumstances.” According to USCIS spokesperson Zack Koehler, the objective of this ruling is to return to the original intent of immigration law.
Koehler stated, “This policy allows our immigration system to function as intended, rather than inadvertently promoting loopholes.” The new directive aims to reduce the number of foreign nationals who remain in the U.S. illegally after being denied residency, thus addressing concerns about undocumented immigrants living in the shadows.
In a subsequent statement to MS NOW, Koehler clarified that individuals who contribute economic benefits to the U.S. economy may still be eligible to apply for residency from within the country. “While we operationalize this policy, applicants who demonstrate economic value or submit applications aligned with national interests will likely be able to proceed without leaving the U.S.,” he added.
This policy marks a pronounced tightening of immigration regulations reminiscent of the Trump administration and has the potential to impact thousands of individuals living in the U.S. under nonimmigrant visas, including international students, temporary workers, and tourists. Previously, those on nonimmigrant visas could transition to permanent residency through pathways such as family sponsorship or employment, without the requirement to depart the country.
Koehler emphasized that nonimmigrants, such as students and temporary workers, are visiting the United States for limited durations and specific purposes, which should not initiate the green card application process. The implications of this policy could reshape how noncitizens view their options for permanent residency in the U.S.
The Department of Homeland Security anticipates issuing approximately 1.4 million green cards in 2024, with over 820,000 expected to be granted through the adjustment of status process to applicants already residing in the country. USCIS’s latest guidance instructs immigration officials to consider applications on an individual basis, examining “all relevant factors and information” when assessing eligibility for what the agency terms “unusual relief.”
