Washington — U.S. Citizenship and Immigration Services announced new guidance Friday that sharply limits the ability of temporary visa holders to adjust their status to lawful permanent resident from within the United States, directing most applicants to return to their home countries for consular processing.
The policy, outlined in a USCIS memo, instructs officers to grant domestic adjustments of status under Section 245(a) of the Immigration and Nationality Act only in extraordinary circumstances, evaluated on a case-by-case basis. For the vast majority of temporary nonimmigrants including those on student, work, or tourist visas eligibility for a green card will now require departing the U.S. and applying for an immigrant visa through the Department of State.
USCIS Director Joseph Edlow described the change as a return to the statute’s original meaning. “Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence,” Edlow said. “Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.”
Spokesman Zach Kahler reinforced the shift in emphasis on compliance and enforcement. “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,” Kahler stated. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency.”
Officials argue the previous broad interpretation of domestic adjustment contributed to backlogs, encouraged overstays after denials, and weakened national security vetting by keeping more cases inside the country. The guidance takes effect immediately and applies to pending and future applications.
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Immigration enforcement supporters welcomed the move as a long-overdue correction that prioritizes the rule of law. Critics, including some business groups and immigration attorneys, warned it could create additional hurdles for legal workers, families, and high-skilled professionals already integrated into the U.S. economy, potentially leading to legal challenges.
The announcement aligns with the Trump administration’s broader efforts to reform legal immigration pathways and close perceived loopholes that allowed extended stays during adjustment processes. Supporters have urged further steps, such as applying similar restrictions to programs like H-1B visas.
