New U.S. Policy Could Let Six Groups Adjust to Green Card While Staying in the U.S.
Key Takeaways
- It has been reported that a newly publicized U.S. immigration policy or rule could allow six categories of noncitizens to apply for adjustment of status (green card) without leaving the United States.
- Reported categories allegedly include certain immediate relatives, some family- and employment‑petition beneficiaries, TPS holders, certain parolees, some asylum-related applicants, and other humanitarian groups.
- Adjustment of status (AOS) is the USCIS (U.S. Citizenship and Immigration Services) process for becoming a lawful permanent resident while physically present in the U.S.; eligibility rules, visa availability, and inadmissibility grounds still apply.
- If implemented, the change could spare many people from leaving the U.S. and triggering 3- and 10-year unlawful presence bars, but it would not automatically clear applicants of security or medical inadmissibility.
- Anyone who believes they may benefit should get qualified legal advice before taking action—travel, filing, or relying on preliminary reports can have major consequences.
Overview
It has been reported that a recent move in U.S. immigration policy could expand who may be able to "adjust status" to lawful permanent residence (a green card) without consular processing abroad. Adjustment of status is the USCIS procedure that lets qualifying noncitizens apply for a green card while physically present in the United States. Historically, many applicants have been barred from AOS because they entered without admission or inspection, or because of prior immigration violations; this reported change would, allegedly, create exceptions for certain groups.
Who reportedly may qualify
The original report lists six broad groups who could become eligible under the new policy. These reportedly include: (1) immediate relatives of U.S. citizens (spouses, parents, unmarried children under 21); (2) certain family‑preference beneficiaries with qualifying petitions; (3) employment‑based beneficiaries with approved petitions (e.g., an approved I‑140); (4) holders of Temporary Protected Status (TPS); (5) individuals who were paroled into the U.S. or granted humanitarian parole; and (6) certain asylum‑related applicants or other humanitarian categories. The report uses the word "allegedly" for some categories; the exact regulatory language, eligibility criteria, and exclusions are crucial and may differ from the plain list.
What this means for people in the system now
If implemented, the change could materially affect people who have been living in the U.S. but could not previously adjust status because of unlawful entry or other technical bars. For households, that can mean avoiding risky international travel that would otherwise trigger 3‑ or 10‑year reentry bars and would require waivers. However, eligibility would still depend on visa availability (priority dates in family- or employment‑based categories), filing of proper petitions (I‑130, I‑140, etc.), and passing background, criminal, and medical checks. Processing times and fees remain with USCIS, and shifting more applicants into AOS could increase backlogs.
Caveats and next steps
The report should be treated cautiously: it has been reported that details are still being finalized, and legal exceptions or disqualifiers (previous deportation orders, criminal convictions, national security grounds) may exclude many applicants. People who think they may be covered should consult an immigration attorney or accredited representative before acting. Do not assume eligibility or travel without counsel; doing so can trigger detention, removal, or permanent bars. Watch for formal publications from DHS and USCIS and for guidance about filing dates, fees, and required supporting evidence.
Source: Original Article