USCIS Makes Major Change Compelling Aliens To Return Home For Proper Processing Of The Adjustment Of Statuses

The United States Citizenship and Immigration Services (USCIS) formally announced a major change that will compel aliens seeking the adjustment of status to return to their respective countries and go through the consular processing via the Department of State. The change marks the USCIS’ return to the law’s original intent to ensure that aliens navigate America’s immigration system properly.

To put things in perspective, posted below is the excerpt from the USCIS’ official announcement. Some parts in boldface…

U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country.

Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

Let me end this piece by asking you readers: What is your reaction to this development? If you are an American citizen, do you agree with the USCIS’ change of policy and processes with regards to aliens who are already present in the United States while seeking to adjust their respective statuses? Do you think this latest change will somehow bring down the number of illegal immigrants/aliens present in America? Do you think it makes sense for aliens in America to go back home to their respective countries to apply for change of status at the U.S. consular?

You may answer in the comments below. If you prefer to answer privately, you may do so by sending me a direct message online.

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By Steve Robinson January 26, 2025

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"The advice may place school officials in the legal crosshairs of the Trump Administration under a new policy advisory distributed by the U.S. Department of Justice, which warns state and local officials not to interfere with federal law enforcement activities.

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"According to Drummond Woodsum, school officials should destroy those records or stop collecting them so as to #obstruct or prevent federal immigration officials from enforcing American immigration law.

"Schools may have collected data on students’ #USCitizenship, #nationality, #CountryOfBirth, #USEntryDate, the date a student first attended school, or the #ImmigrationStatus of the student or their parents or guardians, the memo states.

“'[T]his information should not be stored as part of a students education record and should be destroyed as soon as it is no longer needed,' the memo states."

https://www.themainewire.com/2025/01/maine-law-firm-tells-public-schools-to-resist-ice-enforcement-by-destroying-immigration-records/
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