US reportedly narrows ability to convert nonimmigrant visas to green cards; lawyer says impact is huge
Key Takeaways
- It has been reported that new limits make it harder to adjust status from many nonimmigrant visas to lawful permanent resident (green card) status inside the U.S.
- Lawyers quoted in the report say the change could affect large numbers of visitors, students and some temporary workers, forcing more people to pursue consular processing abroad.
- Adjustment of status (AOS) — filing Form I-485 with USCIS (U.S. Citizenship and Immigration Services) — remains the pathway the rule targets; consequences include longer waits, higher costs and separation from family.
- People currently in the U.S. on nonimmigrant visas should consult an immigration attorney before filing or pursuing plans that assume in‑country adjustment remains available.
What the report says
It has been reported that the U.S. government has moved to tighten the rules that allow nonimmigrant visa holders to change to lawful permanent resident status (a process called adjustment of status, or AOS) without leaving the country. The Epoch Times story quotes attorneys who say the step represents a substantial narrowing of who may convert a temporary status to a green card while remaining in the United States. Allegedly, the change will shift many applicants to consular processing — applying for immigrant visas at U.S. embassies and consulates abroad — rather than completing the process before USCIS domestically.
Legal background and who may be affected
Adjustment of status is the process by which certain eligible people present in the U.S. can become permanent residents by filing Form I-485 with USCIS. Historically, some nonimmigrant categories that are known to allow “dual intent” (for example, H‑1B specialty workers and L‑1 intracompany transferees) have been treated differently than strictly nonimmigrant categories (such as B‑1/B‑2 visitors or many F‑1 students). The report indicates the new limits are aimed at curbing changes of status from categories that traditionally carried a presumption of temporary intent, and may broaden scrutiny across visa classes. It has been reported that this will affect visitors, students and certain temporary workers — though the precise list and legal text should be reviewed in the official rule or USCIS guidance.
Human impact and what to do now
For real people, the change means longer delays, higher legal and travel costs, and in many cases separation from family while waiting for a consular appointment and immigrant visa issuance abroad. Those who planned to rely on in‑country adjustment to avoid leaving for consular processing may need to revise plans; employment authorization (EAD) timing and continuation of work could also be disrupted. Immigration lawyers in the report warn of significant consequences for families and employers that depend on predictable AOS timelines. If you or family members are in the U.S. on a nonimmigrant visa and considering a green card, consult a qualified immigration attorney promptly. Check USCIS and Department of State updates for the official rule text and instructions before filing.
Source: Original Article