He mentioned that the US is returning to the law’s original purpose to ensure individuals correctly navigate its immigration system.
“This new policy ensures our immigration system operates as intended by the law rather than promoting loopholes. When individuals apply from their home countries, it decreases the necessity to locate and remove those who choose to remain in the US illegally after being denied residency,” Kahler added. The USCIS released a new policy memo emphasizing that, in accordance with established immigration law and court rulings, individuals seeking status adjustments must utilize consular processing through the Department of State from outside the country. The memo instructed officers to evaluate all pertinent factors and details on a case-by-case basis when assessing whether an individual qualifies for this extraordinary relief.
“Non-immigrants—such as students, temporary workers, or tourists—come to the US for limited time frames and specific reasons. Our system is structured for their departure once their visit concludes,” the USCIS noted. “Their stay should not serve as the initial step in the Green Card application process,” it added.
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Adhering to the law permits most of these cases to be managed by the State Department at US consular offices abroad, freeing limited USCIS resources to prioritize other matters, including visas for victims of violent crime and human trafficking, naturalization applications, and other key priorities. “The law was framed this way for a reason, and although it has been overlooked for years, following it will enhance the fairness and efficiency of our system,” the USCIS remarked.
