USCIS Memo Reaffirms Consular Processing for Green Cards

U.S. Citizenship and Immigration Services (USCIS) has issued a policy memo reiterating that aliens seeking adjustment of status must generally do so through consular processing abroad. The memo directs officers to consider all relevant factors on a case-by-case basis when determining whether an alien qualifies for this form of relief.

Key Details

The policy memo states that nonimmigrants (e.g., students, temporary workers, tourists) who wish to obtain a Green Card must return to their home country to apply, except in extraordinary circumstances.

The memo is presented as a return to the original intent of immigration law.

"We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly." — USCIS Spokesman Zach Kahler

USCIS states that this policy aims to reduce incentives for aliens to remain in the U.S. illegally after being denied residency. The agency also claims that the change will free up agency resources for processing other cases, such as visas for crime victims and naturalization applications.

Statements from USCIS

Kahler added that the policy allows "our immigration system to function as the law intended instead of incentivizing loopholes."

He further stated that following the law "will help make our system fairer and more efficient."