U.S. tightens green-card in‑country rules

U.S. Citizenship and Immigration Services said on May 22 that people in the United States on temporary visas who want green cards must generally return abroad and use consular processing, with in-country adjustment reserved for “extraordinary circumstances.” The agency announced the shift in a news release tied to a May 21 policy memo. The move touches a long-used route that let many applicants seek permanent residency without leaving the country. It has drawn immediate attention from Indian media because Indian nationals make up a large share of H-1B workers and many students on F-1 visas. ### What exactly did USCIS change on May 22? USCIS said on May 22 that adjustment of status inside the United States will be treated as exceptional relief rather than a routine path. The agency’s release said officers must decide case by case whether an applicant “warrants this extraordinary form of relief.” The May 21 memo, identified as PM-602-0199, says adjustment of status under section 245 of the Immigration and Nationality Act is “a matter of discretion and administrative grace” and “not designed to supersede the regular consular processing of immigrant visas.” The memo says USCIS is reaffirming that approach as a matter of general policy. ### How is that different from the process people were using before? (uscis.gov) USCIS’s own public webpage, last reviewed on April 23, said adjustment of status is the process a person can use to apply for a green card while present in the United States and “without having to return to your home country to complete visa processing.” That page still describes adjustment of status as an established domestic route. (uscis.gov) The new memo does not erase the legal existence of adjustment of status, but it recasts it as relief that lets an applicant avoid what USCIS calls the “ordinary consular visa process.” That means the practical change is not that consular processing existed before — it did — but that USCIS is signaling officers to treat in-country approval as the exception rather than the default. (uscis.gov) ### Who is most likely to feel the effect first? Indian Express reported on May 24 that the move has raised concern among Indians on temporary visas, especially H-1B workers and others who had expected to pursue permanent residency while remaining in the United States. The paper said the long-used adjustment route had been important for Indians facing long waits in employment-based categories. (uscis.gov) USCIS spokesman Zach Kahler said in the agency release that “students, temporary workers, or people on tourist visas” come to the United States “for a short time and for a specific purpose” and that their stay “should not function as the first step in the Green Card process.” That wording points directly to nonimmigrant categories such as F-1 students and H-1B workers. (indianexpress.com) ### What has the Trump administration said about the rationale? Zach Kahler said the policy is a return to “the original intent of the law” and argued that sending applicants home to apply would reduce the risk that denied applicants remain in the country unlawfully. He also said shifting cases to consular posts would free USCIS resources for other work, including naturalization and visas for victims of violent crime and trafficking. (uscis.gov) The memo itself leans heavily on court decisions and Board of Immigration Appeals precedent, citing cases that describe adjustment as discretionary and extraordinary relief rather than an entitlement. USCIS said the policy is consistent with “long-standing immigration law and immigration court decisions.” ### What did Marco Rubio say in New Delhi? (uscis.gov) Secretary of State Marco Rubio said in New Delhi on May 24 that the immigration changes were not “India-specific” and were part of a broader effort to “modernise the migration system” in the United States, according to Hindustan Times. Rubio said the transition would create some “friction points” but said the changes were being applied globally. (uscis.gov) External Affairs Minister S. Jaishankar said at the same press conference that he had raised visa concerns affecting legitimate travelers. He said India expected legal mobility not to be adversely affected because it is relevant to business, technology and research cooperation. ### What happens next for applicants already planning to file? (hindustantimes.com) USCIS said officers will apply the new policy on a case-by-case basis and pointed applicants to consular processing through the State Department outside the country. The agency has not, in the materials reviewed, published a new numerical threshold for what counts as “extraordinary circumstances.” (hindustantimes.com) The next practical markers are likely to appear in USCIS adjudications, updated public guidance and State Department consular processing instructions. USCIS’s policy memoranda page lists the May 21 memo, and the agency’s adjustment-of-status and monthly filing pages remain public reference points for applicants and lawyers tracking how the policy is implemented. (uscis.gov 1) (uscis.gov 2)