The policy memo from US Citizenship and Immigration (USCIS) calls adjustment of status – the process of applying for a green card – a form of “extraordinary relief”, urging consular officers to consider applications on a discretionary, case-by-case basis.
While some attorneys have noted that USCIS always had discretion on green card approvals, the department’s strongly worded statement suggests non-immigrants will no longer be able to apply for permanent residency from within the US.
“From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances,” said USCIS spokesperson Zach Kahler.
“Non-immigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose.”
“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,” Kahler continued.
He added that making non-immigrants apply from their home country would “reduce and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency”.
But immigration lawyers have disputed the agency’s claim that the requirement is “consistent with long-standing immigration law” and say its enforcement would force applicants to endure long visa processing delays at global consulates.
From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances
Zach Kahler, USCIS
What’s more, stakeholders warn it could lead to families being separated for long periods and raise barriers for employers hiring international talent.
And while USCIS has discretion over green card applications, legal experts have disputed the legality of the policy memorandum to prevent permanent residency applications on US soil, with it widely expected to be challenged in the courts.
“While USCIS cannot rewrite the law, they may be wanting to influence USCIS officers’ thought process as they review adjustment of status applications… effectively giving [them] justification for more discretionary denials” said Duden Freeman, former State Department consular officer and founder of Visas 101 student platform.
“Policy trickles down and influences officer decisions. We are seeing this at USCIS and at the State Department across the board,” Freeman said, highlighting rising denials across visa categories, including F-1 refusals climbing from 23% in 2015 to 35% in 2025.
Though the memo is set to make the already stringent adjustment process more demanding and could deter some applicants, Fragomen law firm reiterated the new guidance does not restrict USCIS officers from approving permanent residency applications.
“Filing an adjustment application continues to be important because it may allow eligible applicants to request related benefits while the application is pending, including employment authorisation and advance parole,” Fragomen advised.
The firm is urging the government to provide more detail on the memo’s implementation, warning that cases could be delayed or subject to additional evidence requests while the agency provides direction to officers.
