New USCIS policy may force green card applicants to leave the US

NEW YORK — New applicants for a US Green Card or permanent resident status may now be required to return to the Philippines, according to a new memorandum issued by US Citizenship and Immigration Services (USCIS).

The sweeping policy states that Adjustment of Status, the process that allows immigrants to obtain a green card while inside the United States, is considered only an "extraordinary" privilege and not an automatic right.

The memorandum could potentially affect hundreds of thousands of green card applicants across the United States.

Many immigrants may now be required to leave the United States first and complete the traditional immigrant visa process through US embassies and consulates abroad.

Under the new policy, immigration officers are instructed to closely scrutinize applicants seeking green cards while already inside the country, particularly those who overstayed their visas, violated immigration rules, worked without authorization, or failed to maintain lawful status.

The memorandum stressed that nonimmigrants and parolees are generally expected to leave the United States once the purpose of their stay has ended.

USCIS said individuals who wish to permanently reside in America are ordinarily expected to pursue immigrant visa processing abroad rather than remain in the US and apply for adjustment of status.

"Adjustment of status is an extraordinary relief," USCIS stated, citing decades of rulings from the Supreme Court of the United States and the Board of Immigration Appeals describing green card approval inside the United States as merely an "administrative grace."

The policy reminded officers that even if an applicant qualifies under the law, approval is not guaranteed. Officers must weigh both positive and negative factors, including family ties, moral character, immigration history, fraud concerns, and whether granting permanent residency would serve the "best interests of the United States."

The agency also ordered officers to provide written explanations whenever adjustment applications are denied on discretionary grounds.

The new policy is expected to have implications for future adjustment of status applications, as USCIS reinforces that permanent residency through Adjustment of Status is considered an extraordinary benefit and not a guaranteed pathway to a green card.

In a statement, New York Representative Grace Meng, chairwoman of the Congressional Asian Pacific American Caucus, condemned the new policy memo, saying it would force immigrants seeking permanent residency to return to their home countries to apply, a drastic change from longstanding policy.

"Students, researchers, entrepreneurs, and other temporary visa holders who followed the law and built their lives in the United States would be forced to abandon their livelihoods in order to apply for permanent residency," the statement emailed to GMA News read.

"This reckless policy shows a stunning disregard for the human cost it will impose on hundreds of thousands of people each year. We will pursue every avenue to fight against this reprehensible decision and push for its reversal," it added. — VDV, GMA News