The Trump administration is taking steps to close what it sees as a loophole that enables immigrants to stay in the U.S. while waiting for permanent residency. On Friday, U.S. Citizenship and Immigration Services (USCIS) issued new guidance for immigration officials regarding the transition from temporary nonimmigrant status to permanent resident status based on specific legal provisions.
Usually, this process should happen outside the U.S., as indicated by documents obtained recently. Under the new guidance, those looking for lawful permanent residency must typically return to their home country, undergo necessary screenings, and secure an immigrant visa from the U.S. Department of State before re-entering as immigrants.
The Department of Homeland Security emphasized, under the current administration, that the U.S. will not tolerate illegal entries. They stated that individuals entering unlawfully will face consequences, including fines. This aligns with a broader enforcement of immigration laws.
Joseph Edlow, acting commissioner of USCIS, reinforced the idea that they are clarifying the difference between temporary and permanent immigration. “Under President Trump, USCIS is reverting to the law’s original intent, ensuring that those who come temporarily must seek permanent residency through the correct channels in their home countries first,” he said.
The latest guidance also highlights that remaining in the U.S. for the adjustment of status process is only permitted in “special circumstances.” Generally, it would require USCIS officers to process immigrant visa applications domestically, rather than the typical process outside the country.
Immigration officials are instructed to evaluate each case based on all relevant factors. According to the law, an individual can have their status adjusted to lawful permanent residence if they are admitted to the U.S., meet visa eligibility, and apply when an immigrant visa is available.
The administration’s interpretation is that these provisions should be applied more strictly, emphasizing the need for immigrant visa applications to occur abroad, rather than allowing for adjustments within the U.S., except in specific cases.
USCIS representative Zach Kahler pointed out that those in temporary status generally need to return to their home country in order to pursue lawful permanent residence. “We are aiming to uphold the law’s original purpose, which is to help foreign nationals navigate the immigration system correctly,” he noted. According to him, this shift is expected to streamline the immigration process and reduce the number of individuals who attempt to remain in the U.S. unlawfully after a residency application is denied.
