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An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.

This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.

The era of abusing our nation’s immigration system is over.

The Trump administration is moving to close what it describes as a loophole that allows migrants to remain in the United States while awaiting permanent residency.

U.S. Citizenship and Immigration Services (USCIS) announced Friday new guidance directing immigration officers to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that should generally take place outside the United States, according to a document obtained by the Daily Caller. (RELATED: An Incredible Share Of Migrant Households Use Welfare, Study Finds)

Under the guidance, individuals seeking lawful permanent residency would typically be required to return to their home country, complete screening procedures and obtain an immigrant visa through the U.S. Department of State before reentering the U.S. as immigrants.

USCIS Director Joseph Edlow emphasized the Trump administration is reinforcing the distinction between temporary entry and permanent residence in a statement to the Caller.

“Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.”

The document further states that individuals should only be allowed to remain in the United States and complete the adjustment of status process domestically in “extraordinary circumstances,” with vetting conducted by USCIS officers rather than through the standard immigrant visa process abroad.

The agency instructs immigration officers to weigh all relevant factors on a case-by-case basis when determining whether someone qualifies for this type of administrative relief.

Under Section 245(a) of the Immigration and Nationality Act, it states that the status of an individual who was “inspected and admitted or paroled into the United States” may be adjusted to lawful permanent resident status at the attorney general’s discretion, provided the individual applies for adjustment, is “eligible to receive an immigrant visa,” is admissible for permanent residence, and that “an immigrant visa is immediately available” at the time the application is filed.

The administration’s new guidance argues that these provisions should be interpreted more narrowly, emphasizing immigrant visa eligibility and overseas processing rather than allowing applicants already in the United States to complete adjustment of status domestically except in certain circumstances.

USCIS spokesman Zach Kahler said individuals in the United States on temporary status who seek lawful permanent residency should generally complete that process from their home countries. (RELATED: Trump Admin Escalating Denaturalizations Of Americans Who Fraudulently Scored Citizenship)

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” Kahler told the Caller in a statement.

“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” he continued in part.

femi4:
US don cast...canada here we come

DesireV:
Bye bye to adjustment of Status.
Researchers, doctors, students, and their derivatives looking to adjust status axed.

No hiding again. Either return to home country and join immigrant visa queue, a lot of which are retrogressed or remain out of status in USA.

Pink man again!

femi4:
US don cast...canada here we come

Gbadugbakun:
Imagine them calling humans aliens all because they want green card.

RodgersAkpafu:
And how will America attract talent with this level of hostility?

These guys are hell bent on destroying America

DesireV:
Let's not deceive ourselves, they have nothing to lose overall. Those already inside can run the system plus they're not saying people shouldn't come on non immigrant visa routes, but must return home to jump ship.

But on an emotional note, it's a bad immigration policy for immigrants and intending immigrants. For me, Trump is simply doing what he promised to do. Interestingly, a lot of immigrants home and abroad, supported his election.

Everyone should enjoy his policies, wait till 2028, and hope for democrat's victory with their migration friendly ways.

Kingray10:
If you go back to your home country to apply, the US embassy will reject you.

DesireV:
It depends on your situation before applying for adjustment of status.

E.g someone on dual intent visa like H1B won't have any problem other than having to remain in home country till green card is approved.

Only visa fraud and illegal migrant people would be axed

RodgersAkpafu:
you must be joking with this statement

Bluntemperor:
Letter To President Trump On Students Work Permits:
Dear President Trump,
I want to acknowledge that you are a Great Leader,as you are not chosen by a mistake and indeed,you have done Great Things both in USA and in almost all Continents.
But Sir,Many Students that Came to your Country to Study,did so believing they would have a United State Work Experience and since Many have Completed and Finished their Schools, they Still Need the Students Work Permits and You are the Only One they are Waiting for the Directives- In this Work Permits.
Kindly looks into their Matters and By your Authority, Please , Grant them the Work Permits,for they will always remember you for Life 🧬 for granting them this opportunity.
God Bless Donald Trump and
God Bless America.