Reported Change Would Bar Getting a Green Card From Inside the U.S.; Thousands Could Be Affected
Key Takeaways
- It has been reported that a proposed or alleged policy change would end—or greatly restrict—the ability to get a green card while physically inside the United States (adjustment of status).
- If enacted, many family-based and employment-based applicants who currently file I-485 applications could be forced to complete consular processing abroad, adding time, cost, and separation risks.
- USCIS (U.S. Citizenship and Immigration Services) and the State Department would be the agencies involved; official rulemaking in the Federal Register is the signal that a change is final.
- Impacted applicants should preserve lawful status, avoid travel that could trigger bars to reentry, and consult an immigration attorney while watching official agency announcements.
What has been reported
It has been reported that a new migration change would eliminate or sharply limit the ability to adjust status—obtain lawful permanent residence (a "green card")—from inside the United States. This is an unverified report at this time; details, legal authority, and the agencies’ exact language have not been confirmed publicly. Allegedly, the change would redirect many applicants to consular processing, meaning they must complete immigrant visa interviews at U.S. embassies or consulates abroad instead of filing Form I-485 with USCIS.
What adjustment of status vs. consular processing means
Adjustment of status (AOS) is the process by which an eligible noncitizen in the U.S. files Form I-485 to become a lawful permanent resident without leaving. Consular processing requires filing Form DS-260 and attending an interview overseas. AOS is commonly used by immediate relatives of U.S. citizens, certain family- and employment-based beneficiaries, and some diversity or special-category applicants. Moving applicants abroad can add months or years, create travel and safety risks, and trigger inadmissibility bars—especially for people who have accrued unlawful presence in the U.S. or who would need waivers.
Who would feel the impact and what to do now
If carried out, the change would affect thousands—families separated by borders, workers on H-1B or L-1 visas waiting for employer-based green cards, and others who counted on remaining in the U.S. during processing. For many immigrants, practical consequences include longer backlogs, added fees, potential deportation risks during travel, and harder-to-secure appointments at consulates. Right now, applicants should preserve any current lawful status, avoid travel that could trigger reentry bars, document ties to the U.S., and consult a qualified immigration attorney about alternatives (waivers, humanitarian parole, or preserving pending filings). Monitor USCIS and the Department of State for official notices—final policy changes are published in the Federal Register and on agency websites; until then, reports remain unconfirmed.
Source: Original Article