The US Citizenship and Immigration Service (USCIS) has announced an innovation that changes the approach to the procedure for changing status (Adjustment of Status) for immigrants who are in the US on temporary visas. The authorities emphasize that obtaining a green card within the country becomes an “extraordinary form of assistance”. From now on, most applicants are required to return to their homeland to process documents through American consulates. This is especially sensitive for U4U participants, because the program was already suspended for new applications in January 2025, so the “direct path” from U4U to a green card is not automatic.
This was reported by the official website of the US Department of Homeland Security and US Citizenship and Immigration Services (USCIS).
USCIS spokesman Zach Kahler said the new policy returns the system to “the original intent of the law” to ensure that aliens are properly processed through the country’s immigration system. The changes are intended to reduce the number of cases where people who are denied status remain in the country illegally.
“From now on, an alien who is temporarily in the United States and wants to apply for a green card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to work as the law intended, rather than encouraging the use of loopholes. When aliens apply from their home country, it reduces the need to search for and remove those who, after being denied residency, decide to “go underground” and remain in the United States illegally,” USCIS spokesman Zach Kahler said.
In a new policy memo, USCIS emphasizes that adjustment of status is a discretionary decision and a form of administrative privilege, not a guaranteed right. The new rules will primarily affect people who are in the United States on nonimmigrant visas - tourist, student or temporary worker. The USCIS memorandum emphasizes that holders of such visas come to the United States temporarily and must leave the country after completing the purpose of their stay. USCIS also emphasized that violating the conditions of stay or attempting to avoid the usual consular process will be considered negative factors when making a decision on a green card.
“Nonimmigrants, such as students, temporary workers or people on tourist visas, come to the United States for a short time and for a specific purpose. Our system is designed so that they leave after completing their visit. Their stay should not become the first step in the process of obtaining a green card. “Compliance with the law allows the transfer of most such cases to the State Department at U.S. consular offices abroad and frees up limited USCIS resources to process other cases within its jurisdiction, including visas for victims of violent crimes and human trafficking, naturalization applications, and other priority areas. The law was written this way for a reason, and despite the fact that it was ignored for years, its compliance will help make our system fairer and more efficient,” notes Zach Kahler.
In addition, USCIS reserves the possibility of changing status within the United States only in exceptional cases. These are so-called extraordinary circumstances - extraordinary humanitarian or other justified circumstances that immigration officers will evaluate on a case-by-case basis. At the same time, the document states that certain categories of applicants may continue to have certain exceptions provided for by law.
The new policy has attracted particular attention among Ukrainians in the United States, in particular, participants in the “Uniting for Ukraine” (U4U) program. Currently, the appeal on the network is that the full-scale war in Ukraine can be considered one of the “extraordinary circumstances” that allow people not to return to their country of origin to undergo the consular procedure. However, this does not provide automatic guarantees - USCIS explicitly states that decisions will be made individually based on all the factors of the case.
In the final part of the memorandum, USCIS emphasized that it will continue to carefully review all categories of applications for Adjustment of Status and may issue separate additional clarifications for different groups of immigrants.
The agency also reminded its officers that when making decisions, they must take into account not only formal compliance with the criteria, but also “the best interests of the United States.”
Photo: VM collage
Author: Inna Mikhno