WANT A GREEN CARD? GO HOME FIRST: US ISSUES NEW IMMIGRATION RULES FOR VISA HOLDERS

USCIS reclassifies Adjustment of Status as “extraordinary relief”; students, tourists and temporary workers must now return home to apply for permanent residency

The rules just changed. And not in your favor.

The US government has issued a new policy that changes how foreign nationals on temporary visas can apply for a Green Card. As a result, most people must now return to their home country to apply. In the past, they could apply from within the US.

This change affects a large group of people. For example, students on F-1 visas, tourists on B-1/B-2 visas, and temporary workers on H-1B visas all fall under this new rule. Consequently, anyone in the US on a short-term visa who wants to stay forever must now leave first.

What Changed: The Old Rules vs New Rules

Here is what used to happen. In the past, many foreign nationals already living in the US could apply for a Green Card without leaving. This process was called Adjustment of Status or AOS. It was common and easy to use.

But now, the US Citizenship and Immigration Services (USCIS) has put out a new policy memo. In fact, this memo reclassifies AOS as an “extraordinary form of relief.” As a result, it will only be approved in rare, special cases.

Therefore, the default path is now consular processing. In other words, you must go back to your home country and apply through the US embassy or consulate there. Moreover, you can only stay in the US and apply if your case is truly exceptional.

Who Is Affected by This Policy?

The policy hits a wide range of visa holders. Specifically, it affects anyone in the US on a temporary, non-immigrant visa who was planning to apply for a Green Card.

Main groups affected:

1. International students (F-1 visa) — Those who planned to switch from student visa to Green Card through work or marriage must now leave first
2. Tourists and visitors (B-1/B-2 visa) — People who came for a short visit and decided to stay permanently can no longer adjust status easily
3. Temporary workers (H-1B, L-1, O-1 visas) — Skilled workers who hoped to transition from work visa to permanent residency face a major hurdle
4. Dependent family members — Spouses and children on derivative visas (H-4, L-2, F-2) are also caught in this rule change

In addition, the policy may affect people who overstayed their visas. In fact, USCIS says this change will cut down on those who “slip into the shadows” and stay in the US illegally after being denied residency.

What USCIS and DHS Are Saying

USCIS spokesperson Zach Kahler made the agency’s position clear. In fact, he said the policy brings back the “original intent of the law.”

Moreover, Kahler said this practice will reduce the need to find and remove people who overstay. Furthermore, he noted that routing cases through consulates abroad allows USCIS to focus on other tasks. For example, the agency can now put more effort into humanitarian cases, naturalisation applications, and visa requests for victims of crime and human trafficking.

Meanwhile, the Department of Homeland Security posted on X: “The era of abusing our nation’s immigration system is over.” Consequently, the message is clear — the US wants temporary visitors to actually stay temporary.

What This Means for Indian Visa Holders

Indian nationals make up a large share of US visa holders. In fact, India sends the most students to the US each year. Moreover, Indian workers hold a big chunk of H-1B visas. Therefore, this policy change will hit the Indian community hard.

Key impacts for Indians:

1. Students on OPT/CPT — Those who hoped to find an employer to sponsor their Green Card must now plan for a trip back to India during the process
2. H-1B workers — The traditional path of H-1B to Green Card now includes a mandatory return to India for consular processing
3. Family-based applicants — Those married to US citizens or Green Card holders can no longer simply adjust status in-country
4. Parents visiting on B-2 visas — Elderly parents who came to help with grandkids and decided to stay must now return home to apply

In addition, the change adds cost and time. For example, applicants must now pay for flights back to India, stay there during processing, and possibly face delays at US consulates. Consequently, the total time to get a Green Card may increase by months or even years.

Are There Any Exceptions?

Yes, but they are narrow. The policy memo says AOS will still be allowed in “extraordinary circumstances.” However, USCIS has not yet spelled out exactly what counts as extraordinary.

Possible exceptions may include:

1. Immediate relatives of US citizens — Spouses, parents and unmarried children under 21 may still qualify for in-country processing
2. Victims of crime or trafficking — Those with U or T visas may get special consideration
3. Asylum seekers and refugees — People with pending asylum cases may be exempt
4. Medical or humanitarian emergencies — Cases where leaving the US would cause extreme hardship

But then, even these exceptions are not guaranteed. In fact, USCIS officers will look at each case one by one. Therefore, applicants should not assume they qualify until they get official approval.

What Should You Do If You Are Affected?

If you are in the US on a temporary visa and want a Green Card, here are your next steps:

1. First, talk to an immigration lawyer — Do not make any moves without legal advice. The rules are complex and changing fast
2. Next, check your visa status — Make sure you are still in valid status. Overstaying can hurt your chances
3. Then, gather your documents — You will need birth certificates, marriage certificates, police clearances and financial records
4. After that, plan your travel — If you must return home, book flights and arrange housing in your home country
5. Finally, file through the US consulate — Start the consular processing path as soon as possible

In addition, keep an eye on court cases. In fact, immigrant rights groups may challenge this policy in court. Consequently, the rules could change again. Therefore, stay informed through official USCIS channels.

The Bottom Line

Three things are clear. First: the Adjustment of Status path is basically closed for most people. Second: consular processing is now the norm, not the exception. Third: Indian visa holders will feel this change deeply due to their large numbers in the US.

As a result, if you are in the US on a temporary visa and dream of a Green Card, start planning a trip home. In the meantime, watch for legal challenges and policy updates. The immigration landscape is shifting fast, and what is true today may change tomorrow.

We will keep tracking USCIS and DHS updates as this policy takes effect and legal battles unfold.