Most Green Card Applicants Must Leave US
The U.S. Citizenship and Immigration Services has issued a memo directing that adjustment of status — applying for a green card from inside the United States — should be granted only in “extraordinary circumstances,” and that most applicants should return to their home countries to seek permanent residency through consular processing. The move, promoted by the Department of Homeland Security as closing perceived loopholes, could force many temporary visa holders, including workers and family members, to face travel, delays and possible separation while consular systems handle increased demand.
U.S. immigration authorities announced a major procedural shift that will affect many people seeking lawful permanent residency. Citizenship and Immigration Services (USCIS) issued a policy memo instructing that adjustment of status — the process that lets eligible foreign nationals already in the United States apply for a green card without leaving — should be approved only in “extraordinary circumstances.” The Department of Homeland Security (DHS) posted a summary of the change on X, saying: “An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.” The administration says the move restores the original intent of immigration law and prevents temporary visa holders from remaining in the U.S. for extended periods while pursuing residency.
But immigration attorneys, employers and advocacy groups say adjustment of status is a lawful Congressional process used for decades and that shifting most applicants to consular processing abroad could create significant problems. Practically, the new policy is expected to affect H-1B specialty workers, O-1 visa holders, spouses of U.S. citizens, and applicants from countries with long visa backlogs.
Critics warn it could separate families, disrupt employment, and place vulnerable applicants at risk if they must return to countries they fled or where U.S. consular services are limited. USCIS retains discretion to allow in-country adjustment in narrowly defined “extraordinary circumstances,” but the administration has not clarified how broadly that exception will be applied.
For residents of the British Virgin Islands, the change has local implications. Many BVI residents pursue U.S. work, study or family-based immigration routes; requiring applicants to use consular processing may mean additional travel to regional U.S. embassies and consulates, longer waits due to backlogs, and greater logistical and financial burdens.
Caribbean consular posts already experience staffing constraints and delays, which could worsen if larger numbers of applicants are redirected overseas. Legal challenges are likely, given statutes that have long allowed certain entrants who were inspected and admitted or paroled to apply for adjustment of status.
Meanwhile, affected individuals should monitor USCIS announcements, consult experienced immigration counsel, and contact regional U.S. consular posts for guidance. The policy is one of the most consequential changes to legal immigration processing in recent years and will play out in courts and in consular timelines in the months ahead.
Primary source: VINO