The U.S. Citizenship and Immigration Services (USCIS) announced a new policy change last week that will close a loophole used by people on temporary visas. Under the new policy, the process of transitioning from a temporary resident to a permanent immigrant under Section 245(a) of the Immigration and Nationality Act will now be required to take place outside the United States.
Individuals who are present in the US under temporary visas such as F-1 or B-1/2 now must return to their country of origin and complete the necessary screening procedures there before being granted permanent residency. This effectively cuts off the loophole where temporary visas were used as a backdoor to get permanent green cards.
The measure will also reduce the amount of people who use the process to overstay their visa. They often will come in on a visa, apply for permanent residency, get denied, and remain in the United States under “Adjustment of Status”.
It is still possible for some visa holders to be allowed to remain in the US under Adjustment of Status. This, however, will only be granted in “extraordinary circumstances” under the new changes, which makes it an extremely rare exception—not the standard process.
By closing this loophole, the USCIS is reclaiming control over who resides in our country. Applying for residency does not give them the right to remain in the country before they have approval, and obtaining a temporary visa does not give someone a right to get a green card. Only after they have gone through the processes and reached the necessary qualifications should they be allowed to remain here.
Illegals who overstay their visa violate our national sovereignty just as much as those who storm the southern border. America allows foreigners to come here temporarily as a privilege. It is not a right, and abusing this privilege can lead to it being entirely removed. Texans for Strong Borders believes we should eliminate all loopholes that foreigners use to gain access to our country without earning it.