3 Categories Of Foreigners Affected As US Enforces Tough Green Card Rule
- USCIS published a policy memo on May 22, 2026, clarifying who must leave the US to apply for a Green Card
- The memo identifies three specific categories of nonimmigrants who are affected by the directive
- Adjustment of status inside the United States will only be considered under extraordinary circumstances
PAY ATTENTION: Mark YEN.com.gh as a preferred source, and our content will appear higher in your Google feed!
The United States Citizenship and Immigration Services (USCIS) has reinforced a strict requirement that certain categories of foreigners living temporarily in the country must leave the US before they can apply for a Green Card.
Source: Getty Images
The agency released a policy memo on 22 May 2026 making clear that nonimmigrants seeking permanent residency must pursue consular processing at a Department of State office outside the United States.
The memo does not introduce new legislation but rather reaffirms what USCIS describes as long-standing immigration law backed by existing court decisions.
Who the USCIS memo targets
The directive specifically concerns three groups of people currently in the US on temporary visas: students, temporary workers, and tourists.
Under the terms of the policy, all three categories are expected to return to their home countries and apply for a Green Card through the appropriate US consulate abroad.
USCIS spokesman Zach Kahler was direct in explaining the agency's stance. He stated that any foreigner holding a temporary status who wants to become a permanent resident must go back home to begin that process, unless they can demonstrate extraordinary circumstances that justify an exception.
Adjustment of status applications filed from within the United States will not automatically be rejected, but officers have been instructed to assess each case individually and weigh all relevant factors before granting any exception.
Why USCIS is reinforcing the rule
According to the agency, the nonimmigrant visa system was always designed with a clear expectation: that temporary visitors would leave once the purpose of their stay was fulfilled. Kahler stated plainly that a short-term visit to the US was never intended to serve as the first step towards obtaining permanent residency.
USCIS also highlighted a practical reason for routing these applications through State Department consulates abroad. Doing so would free up internal agency resources, allowing USCIS to focus on other priority areas such as visa applications for victims of violent crime and human tr*fficking, as well as naturalisation applications for those already on the path to citizenship.
The May 2026 memo signals a firmer administrative stance on immigration, with the agency keen to draw a clear line between temporary and permanent pathways into the United States.
US sets age for green card holders to sponsor parents
Earlier, YEN.com.gh reported that the US had clarified the minimum age a green card holder must reach before sponsoring a parent for permanent residence
The rule carries significant consequences for young immigrants who obtained their green card at an early age
Green card holders who have not yet reached the required age must wait before they can begin the sponsorship process
Don't miss out! Get your daily dose of sports news straight to your phone. Join YEN's Sports News channel on WhatsApp now!
Source: YEN.com.gh
