Washington: The US Citizenship and Immigration Services (USCIS) has clarified that people staying in the United States on temporary visas do not have to return to their home countries to apply for permanent residency, commonly known as a Green Card.
The clarification comes after a USCIS order issued on May 21 stated that temporary visa holders seeking permanent residency should go back to their home countries. The move, seen as a departure from long-standing practice, had triggered anxiety among large numbers of Indian and other foreign workers in the US.
In its latest explanation, USCIS said there is no blanket requirement for all Green Card applicants to leave the US. It noted that immigration officers have long had the authority to decide—based on the nature of each application—whether a person must complete processing from outside the country, and that the earlier notice was meant as a reminder of this discretion.
USCIS added that most immigrants seeking permanent residency will be allowed to remain in the US while their applications are under review. It also said additional exceptions may be provided for qualified applicants who can contribute to the US economy and national interest.
The agency stressed that there is no change to the more-than-50-year practice of applying while staying in the US, and that officers will continue to determine eligibility after review. In 2024 alone, the US issued 1.4 million Green Cards, including 820,000 granted to applicants who applied while already in the country.
