Want to apply for a Green Card? Return to your home country first. Find out what the new US immigration rules are..

US Citizenship and Immigration Services: The U.S. government has implemented a new rule that determines how foreign nationals—specifically those currently in the U.S. on temporary visas—may apply for a Green Card. According to the new rule, most individuals will now be required to return to their home countries to apply for a Green Card. This means that you will no longer be able to apply for a Green Card while remaining physically present in the United States; to obtain a Green Card, you must first return to your country of origin. Let us explain exactly what these new U.S. immigration rules entail.

How did the Green Card application process work previously?
Previously, many individuals residing in the U.S. on student, tourist, or work visas were able to apply for a Green Card without leaving the country. This process was known as "Adjustment of Status" (AOS) and was a fairly common practice. However, the U.S. government has now modified these regulations. The U.S. agency, USCIS, has now designated the AOS process as a privilege available only in specific and limited circumstances. This means that permission to apply for a Green Card while residing within the U.S. will now be granted only under very exceptional circumstances. Consequently, this new rule has made the process of obtaining a Green Card somewhat more stringent compared to the past.

This rule applies to all individuals currently residing in the U.S. on temporary—or "non-immigrant"—visas who wish to apply for a Green Card. This includes students, tourists, and temporary workers. According to the U.S. immigration department (USCIS), individuals seeking to change their status to obtain a Green Card must now complete this process from outside the United States—specifically, through a U.S. embassy or consulate located in their home country. Furthermore, officials have been instructed to evaluate each case individually—taking into account all relevant facts—to determine whether or not to grant this special permission to an applicant.

New Rules Designed to Reduce Unauthorized Overstays
According to USCIS, individuals who enter the United States on temporary visas are expected to return to their home countries once their authorized period of stay has expired. Now, any individual temporarily residing in the United States who wishes to obtain a Green Card must return to their home country to file their application—except in a few very specific cases. This rule has been introduced to prevent individuals from exploiting loopholes in the system and to ensure that the immigration process is completed properly and lawfully. Consequently, this will reduce the number of people who remain in the U.S. illegally even after failing to obtain a Green Card. Furthermore, this new procedure will also help alleviate the workload pressure on USCIS.

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