Temporary US Visa Holders Urged to Leave Country to Apply for Green Cards

US Citizenship and Immigration Services Issues New Guidance on Green Card Applications

The US Citizenship and Immigration Services (USCIS) has issued new guidance stating that foreign nationals who enter the US on temporary visas must return to their home countries if they wish to apply for permanent residency. The Department of Homeland Security claims this policy aims to reinforce the existing legal immigration system by ensuring that applications follow standard procedures.

According to the USCIS, adjustment of status, obtaining permanent residency from within the US, is a discretionary benefit rather than an automatic right. The agency notes that the immigration system is designed with the expectation that temporary visa holders will leave the country once their stay ends. Immigration officers are instructed to evaluate applications on a case-by-case basis, considering factors such as visa violations, overstaying authorized periods of stay, and unauthorised employment.

The guidance acknowledges limited exceptions, including visa categories that allow “dual intent”, which permit some temporary visa holders to live in the US while also seeking permanent residency. However, these categories do not guarantee approval for Green Cards or change Congress’s expectation that visitors leave the country once their purpose of stay ends.

Immigrant advocacy groups have criticized the measure, warning it could force vulnerable individuals to return to unsafe or unstable conditions while awaiting decisions on their applications. The guidance is part of a broader push by the Trump administration to tighten immigration rules and restrict pathways to long-term residency in the US.

Source: Al Jazeera