DHS clarified its position on green cards inside the United States
After USCIS made a loud statement that obtaining a green card inside the United States would be possible only in extraordinary circumstances, DHS began explaining this position more softly.
According to The New York Times, DHS clarified that this is not a general ban and does not mean that most applicants now have to leave the United States to obtain a green card. The point is to remind officers that decisions on I-485 applications are made individually, based on the circumstances of each case.
In other words, the law has not changed, the rules for filing I-485 have not been canceled, and obtaining a green card inside the United States is still possible. A memorandum by itself cannot cancel the legal provision that allows adjustment of status inside the country.
At the same time, it is still important to watch how this will work in practice. In the near future, it should become clearer whether officers will continue asking additional interview questions about why a person is applying for a green card inside the United States, or whether this approach will become softer after DHS’s clarification.
What this means in practice
Panic headlines claiming that “green cards inside the United States will no longer be granted” have not been confirmed. Filing I-485 inside the United States is still possible.
However, applicants should still review their immigration history in advance: whether there were status violations, unauthorized employment, overstays, false statements, or other negative factors. USCIS could already deny an application before if negative circumstances outweighed positive ones.
Bottom line: this is not a new law and not a cancellation of I-485. These are internal instructions for USCIS officers that may affect adjudication practice, but they do not change the filing rules themselves.
Source: The New York Times.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
