US Clarifies Green Card Rules
The US Department of Homeland Security has clarified that most green card applicants will not need to leave the United States while their applications are being processed, easing concerns among immigrants and employers.
US Green Card Rule Clarification
The clarification came after confusion over an earlier USCIS statement, which suggested that some temporary visa holders may have to leave the US and apply for permanent residency through consular processing in their home country.
DHS has now said the policy has not fundamentally changed and that most applicants can continue with adjustment of status from within the US, provided they meet eligibility requirements.
H-1B Visa Holders Get Relief
The clarification is significant for H-1B, L-1 and other skilled visa holders who are already living and working in the US while waiting for green cards.
Many Indian professionals had raised concerns that a mandatory exit requirement could disrupt jobs, families and long-pending immigration applications. The latest explanation has eased some of those fears, though immigration lawyers say more official guidance may still be needed.
USCIS Policy Confusion Continues
The issue began after USCIS highlighted that adjustment of status is a discretionary benefit and that consular processing remains the regular route for immigrant visas.
However, the DHS clarification indicates that applicants already eligible to adjust status inside the US are not automatically required to leave. The final impact will depend on how the guidance is applied by immigration officers in individual cases.
