Green Card Applicants Have To Go Home First Says New USCIS Memo

A new internal memo from U.S. Citizenship and Immigration Services directs officers to deny green card applications from individuals who are in the United States without a valid immigrant visa, requiring them to return to their home country to complete the process.

The memo, issued to USCIS field offices, clarifies that applicants for permanent residency must have a lawful entry or an approved immigrant visa before their status can be adjusted while inside the U.S. Those who entered without inspection or overstayed a visa must depart and apply from abroad.

Immigration attorneys say the policy could affect hundreds of thousands of applicants, particularly those who entered the U.S. legally but later fell out of status. The memo appears to restrict a long-standing practice of allowing certain applicants to adjust status without leaving the country.

The change is effective immediately for all pending and new applications. USCIS said the memo aligns with existing immigration law, though critics argue it contradicts previous agency guidance and will cause prolonged family separations.