The policy memo from US Citizenship and Migration (USCIS) calls change of status– the procedure of making an application for a permit– a type of “amazing relief”, urging consular officers to think about applications on a discretionary, case-by-case basis.
While some lawyers have actually noted that USCIS always had discretion on permit approvals, the department’s highly worded statement suggests non-immigrants will no longer be able to request irreversible residency from within the US.
“From now on, an alien who is in the United States temporarily and desires a green card needs to return to their home nation to use, other than in amazing scenarios,” stated USCIS spokesperson Zach Kahler.
“Non-immigrants, like students, short-term employees, or individuals on traveler visas, pertained to the United States for a short time and for a specific function.”
“Our system is developed for them to leave when their check out is over. Their visit needs to not work as the first step in the permit procedure,” Kahler continued.
He added that making non-immigrants apply from their home nation would “decrease and eliminate those who choose to slip into the shadows and stay in the United States illegally after being denied residency”.
However immigration legal representatives have actually contested the company’s claim that the requirement is “consistent with long-standing immigration law” and say its enforcement would force candidates to withstand long visa processing delays at global consulates.
From now on, an alien who is in the United States briefly and wants a green card should go back to their home country to use, except in amazing situations
Zach Kahler, USCIS
What’s more, stakeholders caution it might lead to families being separated for long periods and raise barriers for companies working with international talent.
And while USCIS has discretion over permit applications, legal experts have challenged the legality of the policy memorandum to avoid long-term residency applications on US soil, with it extensively expected to be challenged in the courts.
“While USCIS can not rewrite the law, they may be wanting to influence USCIS officers’ idea procedure as they evaluate change of status applications … successfully providing [them] justification for more discretionary rejections” said Duden Freeman, previous State Department consular officer and founder of Visas 101 student platform.
“Policy drips down and influences officer decisions. We are seeing this at USCIS and at the State Department throughout the board,” Freeman stated, highlighting rising denials throughout visa classifications, consisting of F-1 rejections climbing from 23% in 2015 to 35% in 2025.
Though the memo is set to make the already strict change procedure more demanding and might hinder some candidates, Fragomen law office repeated the new guidance does not limit USCIS officers from approving irreversible residency applications.
“Filing a change application continues to be essential since it might permit qualified applicants to demand associated advantages while the application is pending, including work authorisation and advance parole,” Fragomen recommended.
The company is urging the government to provide more detail on the memo’s application, cautioning that cases could be delayed or subject to additional proof requests while the company provides direction to officers.
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