3 Categories Of Foreigners Affected As US Enforces Tough Green Card Rule
- USCIS issued a policy memo clarifying that foreigners temporarily in the US must leave the country to apply for a Green Card
- The memo identifies three categories of nonimmigrants whose adjustment of status applications will face stricter scrutiny under the updated policy
- USCIS spokesman Zach Kahler stated that adjustment of status inside the US will only be granted in extraordinary circumstances going forward
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U.S. Citizenship and Immigration Services announced a policy memo on May 22, 2026 making clear that foreigners temporarily in the United States who wish to obtain a Green Card must do so through consular processing at a Department of State office outside the country.
The memo, published by USCIS, does not introduce new legislation but reiterates what the agency describes as long-standing immigration law and immigration court decisions.
According to the bulletin, adjustment of status inside the United States will only be considered in extraordinary circumstances, with officers directed to review each case individually based on all relevant factors.
Source: UGC
Who Is Affected by the USCIS Policy Memo
The policy specifically concerns nonimmigrants, foreigners who enter the United States temporarily for a defined purpose.
USCIS identified three categories of people this applies to:
1. Students
2. Temporary workers
3. People on tourist visas
USCIS Spokesman Zach Kahler explained the agency's position, saying that any foreigner in the United States on a temporary basis who wants a Green Card must return home to apply, except where extraordinary circumstances exist.
What USCIS Says the Visit Should Not Be
According to the USCIS bulletin, the system was designed for nonimmigrants to leave once their visit concludes.
Kahler stated plainly that a temporary visit to the United States should not serve as the opening step towards securing permanent residency.
The agency also noted that routing cases through the State Department at consular offices abroad would free up USCIS resources for other priorities, including visa applications for victims of violent crime and human traffickingg, as well as naturalisation applications.
US announces 1 green card route
Meanwhile, Legit.ng previously reported that US government's EB-1 visa category covers three types of applicants, but only one allows individuals to file their own petition without employer involvement.
Applicants under the Extraordinary Ability category must satisfy at least 3 of 10 set criteria, or present evidence of a major internationally recognised achievement.
Source: Legit.ng
