US softens 'leave country' rule for getting Green Card with some exceptions

USCIS says applicants offering 'economic benefit' or serving 'national interest' may qualify for exemptions under stricter overseas Green Card processing policy

The United States Citizenship and Immigration Services (USCIS) has indicated that foreign nationals offering “economic benefit” or serving the “national interest” could qualify for exemptions under its tougher policy favouring overseas processing of Green Card applications.

 

The clarification comes hours after the agency issued a memo reiterating that foreign nationals seeking lawful permanent residence should generally apply from outside the country through consular processing rather than adjusting status within the US.

 

The inclusion of “economic benefit” and “national interest” exemptions has eased some concerns among temporary visa holders, including H-1B professionals and international students, after the initial policy announcement triggered fears that applicants would be required to leave the US to pursue permanent residency.

 

USCIS hints at room for exemptions

 

USCIS said officers would continue to assess applications on a case-by-case basis and consider all relevant factors while deciding whether an applicant merits adjustment of status from within the country.

 

According to a Hindustan Times report, the agency had indicated that cases involving economic contributions, national interest considerations, or other exceptional factors could still qualify for relief despite the broader push towards overseas processing.

 

Initial rollout sparked concern

 

The clarification follows a USCIS policy memo, issued hours earlier, that described adjustment of status as an “extraordinary” and discretionary form of relief rather than the ordinary route for obtaining a Green Card.

 

In a statement accompanying the memo, USCIS spokesman Zach Kahler said temporary visa holders enter the United States “for a short time and for a specific purpose” and should not treat temporary entry as the first step towards permanent residency.

 

“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” Kahler said.

 

The memo argued that Congress intended consular processing through the Department of State to remain the standard pathway for lawful permanent residence.

 

Adjustment of residency status not an entitlement

 

The document cited immigration court decisions and Supreme Court rulings to support the position that adjustment of status is a matter of “administrative grace” and not an entitlement.

 

According to the memo, adjustment of status allows applicants already in the United States to bypass the ordinary visa issuance process abroad and should therefore remain limited in scope.

 

It added that USCIS officers retain broad discretionary powers while adjudicating such applications and that Congress imposed significant restrictions on eligibility for people already present in the country.