USCIS policy change: Migrants exempt from new criteria will not have to leave the U.S.

The U.S. Citizenship and Immigration Services (USCIS) has introduced a new policy that reclassifies the adjustment of status for permanent residency as a discretionary benefit. This change significantly alters the path for many immigrants seeking to obtain a green card without leaving U.S. territory.

Under the new guidelines, the agency asserts that obtaining permanent residency from within the U.S. is no longer an automatic right but a benefit subject to administrative discretion. Consequently, most individuals who entered the U.S. on temporary visas, such as those for tourism, study, or temporary work, are now expected to return to their home countries to complete the consular processing phase of their residency applications. This aims to streamline the immigration system and reinforce the Department of State's role.

However, the policy acknowledges specific exceptions. Certain categories of immigrants will continue to have their adjustment of status applications reviewed under existing rules, without the new discretionary criteria. These include some special immigrants, such as foreign-born medical professionals and members of the U.S. Armed Forces, along with specific immediate relatives of U.S. citizens as defined by federal law. Additionally, individuals applying for adjustment of status under the Violence Against Women Act (VAWA) will maintain their distinct processing rules.

USCIS spokesperson Zach Kahler stated that the reorganization seeks to "reclaim the original purpose of the law" and ensure that foreign nationals navigate the immigration system as intended. "This policy allows our immigration system to function as the law envisions, rather than encouraging loopholes," Kahler added. The agency also indicated that efforts will be made to allocate more resources toward processing these exceptional cases and naturalization applications.

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We are reclaiming the original purpose of the law to ensure that foreign nationals navigate our immigration system properly. This policy allows our immigration system to function as the law envisions, rather than encouraging loopholes.