The US has announced a new policy that makes it more difficult for immigrants who are already in the country to obtain a green card, or permanent residency.
The US Citizenship and Immigration Services (USCIS) said in a new policy memo that people seeking a change in status must do so through consular processing outside the country “except in extraordinary circumstances”.
The move – a part of the Trump administration’s effort to curtail illegal immigration – closes a loophole that has allowed visa holders and visitors to apply for a green card while in the US.
Critics of the new policy say the longstanding system had allowed families to stay together during the lengthy application process.
The new method could also make it extremely difficult for immigrants who leave the country in hopes of gaining a green card to return.
The USCIS policy memo states that people such as students, temporary workers or people on tourist visas need to go through the Department of State from outside of the US.
“When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” USCIS said, making the system “fairer and more efficient”.
On X, the Department of Homeland Security, which oversees USCIS, said: “The era of abusing our nation’s immigration system is over.”
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS Spokesman Zach Kahler said.
“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” he continued.
Kahler said the policy allows the immigration system “to function as the law intended instead of incentivizing loopholes” and that visits “should not function as the first step in the Green Card process”.
Being a green card holder, or lawful permanent resident, allows a person to live and work permanently in the US. Obtaining one is a multi-step process that can take months to several years.
There are currently more than a million legal immigrants waiting for approval on their adjustment of status green card applications, according to the Cato Institute’s director of immigration studies.
Kahler argued that following the law allows the majority of cases to be handled by the US State Department at consular offices abroad and frees up USCIS resources to focus on processing other cases that fall under its purview – such as visas for victims of violent crime and human trafficking, naturalisation applications, and other priorities.
The move is consistent with long-standing immigration law and immigration court decisions, the agency said. Immigration officers are being directed to “consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief”.
Michael Valverde, who was a senior official at USCIS under both Republican and Democratic administrations until his departure last year, said to the BBC’s US media partner CBS that Friday’s announcement would “disrupt the plans of hundreds of thousands of families and employers annually”.
“This is a largely unprecedented move that will limit lawful immigration to the US greatly,” Valverde said. “People who followed the rules faithfully now face tremendous uncertainty.”
The Trump administration has instated bans or restrictions on citizens from nearly 40 countries.
Another policy from the administration this year has paused all visa issuances to immigrant visa applicants from 75 countries.
Overstaying a US visa can lead to deportation, ineligibility for future visas and re-entry bans lasting up to 10 years, according to the US State Department.
