Nigerian permanent residents in the US required to return home for Green card application

Nigerian permanent residents, and nationals from other countries in the United States (US) are now required to return to their home countries for Green card application.

The announcement was made by the US Citizenship and Immigration Services (USCIS), noting that the US is returning to the “original intent” of its immigration law.

The policy mandates that non-immigrants apply for permanent residency from their home nations rather than from within the US.

According to the agency, the policy ensures that individuals visiting the US for a short period and for a specific purpose return home once their visit concludes. This regulation follows several months after the US imposed visa bans across various categories on Nigeria and 14 other nations.

Under the new directive, foreign nationals seeking an adjustment of status must process their residency applications through US consular offices abroad, that is their home countries, under the supervision of the United States Department of State.

An official USCIS statement explained the reasoning behind the change:

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“We are returning to the original intent of the law to ensure foreign nationals navigate our nation’s immigration system properly. From now on, a foreign national who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.”

Zach Kahler, spokesperson for the USCIS, stated that the policy would help reduce the number of migrants remaining in the country illegally after unsuccessful residency applications.

He said, “This policy allows our immigration system to function as the law intended instead of incentivising loopholes. When foreign nationals apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency.

“Non-immigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose. Our 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.

He emphasised that the law was written that way for a reason, and despite the fact that it had been ignored for years, following it will help make the system fairer and more efficient.

Ngozi Ekugo

Ngozi Ekugo is a Senior Correspondent at BusinessDay. She holds a Masters in management from the University of Lagos, an undergraduate from University of Lagos, and is in an alumni of Queen's College. Shes currently an associate member of the Chartered Institute of Personnel Management (CIPM). She has a brief experience at Goldman sachs, London in its Human Capital Management division. She is interested in human capital development and is leveraging her varied experience across sectors to report labour and global mobility trends for stakeholders to make informed decisions.