U.S tightens Green Card rules, says most applicants must return home for processing

The United States Citizenship and Immigration Services (USCIS) has announced a major shift in immigration policy that will significantly limit the approval of “adjustment of status” applications within the United States, declaring that such requests will now only be granted under extraordinary circumstance

Under the new policy memo released on Friday, USCIS stated that foreign nationals living in the U.S. on temporary visas — including Nigerians — who wish to obtain permanent residency, popularly known as a Green Card, will generally be required to leave the country and complete their applications through U.S. consular offices in their home countries.

The agency explained that the revised approach aligns with existing immigration laws and previous court rulings governing adjustment of status procedures.

According to USCIS, immigration officers have been instructed to assess all adjustment of status applications on a strict case-by-case basis, carefully weighing relevant factors before approving what the agency described as an “extraordinary form of relief.”

USCIS spokesman Zach Kahler said the policy was introduced to restore what the agency considers the original purpose of U.S. immigration laws and to prevent abuse of the system by temporary visa holders attempting to remain permanently in the country.

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

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“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” he added.

Kahler further argued that the new policy would reduce the number of immigrants who remain unlawfully in the United States after failed residency applications.

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

USCIS also noted that the policy change would allow the agency to redirect limited resources toward other immigration priorities, including naturalisation applications, humanitarian programmes, and visas for victims of violent crimes and human trafficking.

The agency stressed that temporary visa categories such as student visas, tourist visas, and temporary work permits were created strictly for short-term visits and should not automatically serve as pathways to permanent residency.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose,” Kahler explained.

“Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” he added.

USCIS maintained that processing most Green Card applications abroad through the U.S. Department of State would ultimately make the immigration system more efficient and fairer.

The announcement is expected to have far-reaching implications for thousands of immigrants currently residing in the United States on temporary visas and hoping to secure permanent residency without returning to their home countries.