x.com/DHSgov/status/2057817233200418837
1 correction found
An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.
This is overly broad. U.S. law and USCIS guidance allow many people who are already in the United States to apply for a green card through adjustment of status without returning to their home country.
Full reasoning
The sentence is incorrect as a blanket statement.
USCIS's official Adjustment of Status page says adjustment of status is the process used to apply for lawful permanent residence "when you are present in the United States" and that this means you may get a Green Card without having to return to your home country to complete processing.
That is also reflected in the statute. 8 U.S.C. § 1255(a) provides that the status of an alien who was "inspected and admitted or paroled into the United States" may be adjusted to lawful permanent residence if the person applies, is admissible, and has an immigrant visa immediately available.
So while some applicants must use consular processing abroad, it is false to say that a person who is temporarily in the U.S. and wants a green card must return to their home country to apply. U.S. law expressly allows many eligible applicants to apply from inside the United States.
2 sources
- Adjustment of Status | USCIS
Adjustment of status is the process that you can use to apply for lawful permanent resident status ... when you are present in the United States. This means that you may get a Green Card without having to return to your home country to complete visa processing.
- 8 USC 1255: Adjustment of status of nonimmigrant to that of person admitted for permanent residence
The status of an alien who was inspected and admitted or paroled into the United States ... may be adjusted ... to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application ... and ... an immigrant visa is immediately available.