Nigerians and other foreign nationals in the United States seeking to change their status from temporary visa holders to permanent residents may soon be required to return to their home country to apply for a Green Card.
The US Citizenship and Immigration Services (USCIS), in a statement on Friday, said the country is returning to its “original intent” immigration law by mandating that non-immigrants apply for permanent residency from their home countries rather than the US.
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This move is the latest in the Donald Trump administration’s broader crackdown on immigration. It comes several months after the US imposed a ban across several visa categories on Nigeria and 14 other countries.
PREMIUM TIMES reported that the administration, through a presidential proclamation, barred entry for Nigerians seeking to enter the US as green card holders, or on B‑1, B‑2, B‑1/B‑2, F, M, and J visas. The US government attributed the travel restrictions on Nigeria to security concerns and to difficulties in vetting Nigerian nationals.
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The policy primarily affected foreigners seeking entry into the country, and not those already in the US. However, if the new directive comes into effect, it could significantly alter the status adjustment process for non-immigrants already residing in the country.
For Nigerians, it would require them to return to Nigeria to complete green card applications.
This applies to all temporary visa holders, including students, temporary workers, and individuals on tourist visas.
According to USCIS, this policy is intended to ensure that non-immigrants who come to the US for a short time and for a specific purpose return to their home country once the purpose of their visit is complete.
The agency said it sought to prevent foreigners from exploiting the loophole in its immigration laws.
“The system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process,” the statement read.
It also noted that, “Following the law allows the majority of these cases to be handled by the State Department at US consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalisation applications, and other priorities.
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“The law was written this way for a reason, and even though it has flaws, following it will help make our system fairer and more efficient.”
The US is a top destination country for many Nigerians. According to data by the US Census Bureau, around 460,000 to 500,000 Nigerian immigrants currently reside in the country. Nigerians also represent roughly 10 per cent of all African-born immigrants.
The Permanent Resident pathway has been a major route for foreign nationals to obtain long-term legal status in the United States. With the USCIS policy, the process of obtaining permanent residency is expected to become more stringent.
It is likely to tighten existing pathways that previously allowed many non-immigrants to adjust their status within the country.
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