Green Card Policy

Immigration Policy Update

There has been a lot of confusion about the new USCIS policy on Green Card applications filed from inside the United States.

At first, USCIS made broad statements saying people applying for a Green Card must generally apply through a U.S. embassy or consulate outside the country. But the policy memo itself did not set this as a firm rule. Now, USCIS says most applicants will not need to leave the U.S. to obtain a Green Card, and officers will review each case one by one.

We still do not know exactly how USCIS will apply this policy memo. It may take some time to see which cases are questioned more closely and how often this leads to delays, requests for evidence, or denials.

What we do know:

The basic eligibility rules for a Green Card have not changed.
USCIS officers are being told to review whether an applicant should be allowed to apply inside the U.S. or should apply through a U.S. embassy or consulate abroad.
It is still unclear which cases USCIS will question more closely. People applying for a Green Card through a family member may be more likely to get questions.
People may face more risk if they overstayed a visa or parole, did not maintain immigration status, worked without authorization, or had other immigration violations.

If you have an upcoming Green Card interview in the U.S., be prepared to:

Answer questions about why you are applying inside the U.S. instead of using consular processing.
Explain your family ties, immigration history, and why leaving the U.S. could be unsafe, harmful, or not possible for your case.
Answer questions about why you stayed in the U.S. after a visa or parole expired, if this applies to you.

You can find more information on the policy from the following trusted organizations:

Do not leave the U.S., withdraw your case, or make changes to your application without talking to an immigration lawyer.