The U.S. Citizenship and Immigration Services (USCIS) has announced a new policy directing most temporary visa holders seeking permanent residency to complete the Green Card process outside the United States through consular processing.
The policy reinforces USCIS’ interpretation that adjustment of status inside the U.S. should only be granted in extraordinary circumstances.
Who Is Affected?
The policy primarily affects foreign nationals currently in the United States on temporary nonimmigrant visas, including:
- International students (F-1 visas)
- Temporary workers (such as H-1B, L-1, and TN visas)
- Tourists and business visitors (B-1/B-2 visas)
- Other temporary visa holders pursuing family-based or employment-based Green Cards
Applicants planning to file Form I-485 (Adjustment of Status) may be most impacted.
What Changes Need to Be Made?
Current and future Green Card applicants may need to revise their immigration process in several ways:
Shift From Adjustment of Status to Consular Processing
Instead of completing the Green Card process through USCIS inside the U.S., applicants may need to:
- Complete immigrant visa processing through the U.S. Department of State
- Attend visa interviews at a U.S. embassy or consulate abroad
- Coordinate case transfers through the National Visa Center (NVC)
Update Case Planning and Timelines
Applicants and sponsoring employers may need to account for:
- International travel requirements
- Visa interview scheduling delays
- Additional documentation requests
- Potential work authorization interruptions
Review Travel Risks Before Leaving the U.S.
Applicants with prior overstays, status violations, or expired visas should carefully review possible reentry risks before departing the country.
When Is the Policy Effective?
USCIS announced the policy memo today, but implementation details and officer guidance may continue to develop in the coming weeks. Applicants with pending or upcoming Green Card filings should closely monitor updates to determine how the policy will be applied to active cases.
Where to Find More Information
Additional information and official policy updates are available through:
- USCIS Official Website
- USCIS policy manual updates and future guidance memos
- The U.S. Department of State immigrant visa process resources
Applicants currently pursuing permanent residency, check out this post for a step by step guide!>>>
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