The Trump administration announced a new policy on Friday that will require foreigners currently in the United States to leave the country and apply for a green card from their home nation, marking a significant departure from a half-century-old practice. The surprise move has sparked confusion and concern among immigration advocates, legal experts, and immigrants themselves.
End of In-Country Adjustment of Status
For over fifty years, foreign nationals with legal status in the U.S.—including those married to American citizens, holders of work and student visas, refugees, and asylum seekers—have been able to apply for and complete the entire process for lawful permanent residence, commonly known as a green card, without leaving the country. Under the new directive from U.S. Citizenship and Immigration Services (USCIS), temporary visitors must return to their home country to apply, except in what the agency describes as "extraordinary circumstances." USCIS officers will determine on a case-by-case basis whether applicants meet that threshold.
"Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. 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," the agency stated.
Impact on Legal Immigration
This policy is the latest in a series of measures by the Trump administration aimed at tightening legal immigration. Doug Rand, a former senior advisor at USCIS during the Biden administration, noted that approximately 600,000 people already in the U.S. apply for green cards each year. "The goal of this policy is very explicit. Senior officials in this administration have said over and over that they want fewer people to get permanent residency because permanent residency is a path to citizenship and they want to block that path for as many people as possible," Rand said.
USCIS did not specify when the change would take effect, whether applicants must remain in their home country throughout the entire process, or how it would affect those with pending applications. In an emailed statement to the Associated Press, the agency indicated that individuals providing an "economic benefit" or serving "national interest" could potentially stay in the U.S., while others would need to go abroad.
Compounding Existing Restrictions
The announcement builds on previous administration actions that have restricted entry for people from dozens of countries, including outright travel bans and visa processing suspensions. Experts and attorneys warn that forcing individuals from those nations to return home for green card applications could effectively bar them from re-entering the U.S.
"If families are told that the non-citizen family member must return to his or her country of origin to process their immigrant visa, but immigrant visas are not being processed there, it’s a Catch-22. These policies will effectively create an indefinite separation of families," wrote World Relief, a humanitarian and refugee resettlement organization.
Confusion Over Scope
USCIS characterized the change as a return to "the original intent of the law" and a closure of a "loophole." However, immigration lawyers and advocacy groups countered that adjusting status within the U.S. has been a longstanding practice for many categories of immigrants, and that many individuals cannot safely return home or lack an embassy to process their applications. For instance, the U.S. Embassy in Afghanistan has been closed since the American withdrawal in August 2021.
"USCIS is trying to upend decades of processing of adjustment of status," said Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association. "This all applies very broadly to anyone seeking a green card." Affected groups could include spouses of U.S. citizens, humanitarian protection recipients, work visa holders—including doctors and professionals—as well as student and religious visa holders. Dalal-Dheini noted that wait times for visa appointments at some U.S. consulates abroad can exceed one year.
Immigration attorneys spent Friday afternoon scrutinizing the policy memo and announcement, attempting to determine its precise applicability. Organizations providing legal assistance to immigrants reported receiving calls from concerned clients. "It’s really hard to tell how this is going to be applied," said Jessie De Haven, senior staff attorney with the California Immigration Project, a nonprofit serving low-income immigrants. "I do think it might have a chilling effect on people applying."
