USCIS Confirms New Official Process for Applying for U.S. Permanent Residency

The U.S. Citizenship and Immigration Services (USCIS) has implemented a new official process for foreigners on temporary visas seeking permanent residency, commonly known as a green card. The updated procedure primarily requires most applicants to depart the United States and complete their immigrant visa application at a U.S. embassy or consulate in their home country.

This change aims to streamline internal processing and curb the practice of using temporary visits as an initial step toward obtaining a green card. "Our system is designed for them to leave when their visit ends," stated USCIS spokesperson Zach Kahler. The agency emphasizes that this revised framework shifts the burden of proof onto the applicant to demonstrate why they warrant an exception.

While the majority must leave, USCIS allows for adjustment of status within the U.S. under "exceptional circumstances." Applicants in these rare cases must convince the agency that their situation merits a favorable exercise of governmental discretion, presenting "unusual or even outstanding equities." USCIS will issue a written notification detailing the assessment of positive and negative factors if it deems the circumstances insufficient, providing a basis for potential legal challenges or appeals.

Even for individuals in H-1B or L-1 visa categories, who can seek residency while maintaining temporary status, the approval is not guaranteed. The new framework mandates a rigorous discretion analysis, requiring USCIS officers to evaluate the "totality of the circumstances" to determine an applicant's eligibility for permanent residency.

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Our system is designed for them to leave when their visit ends.