The Trump administration has introduced stricter immigration guidance that could force many temporary visa holders to leave the United States and complete Green Card processing from their home countries. According to new guidelines issued by the United States Citizenship and Immigration Services (USCIS), officials will now interpret Section 245(a) of the Immigration and Nationality Act more strictly, treating the transition from temporary visa status to lawful permanent residency as a process that should generally take place outside the US. The development was highlighted by the United States Department of Homeland Security in a post on X, which stated: 'An alien who is in the US temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation's immigration system is over.'
Under the revised guidance, migrants on temporary visas who later become eligible for permanent residency would, in most cases, be required to return to their home country, complete screening and processing procedures abroad, obtain an immigrant visa through the US Department of State, and then re-enter the US as lawful permanent residents. The Trump administration has argued that overseas processing is more consistent with the original intent of immigration law and would help prevent misuse of temporary visa pathways. However, the guidance allows limited exceptions in what it describes as 'extraordinary circumstances.' In such cases, USCIS officers may permit applicants to complete adjustment of status from within the United States after evaluating requests individually and considering all relevant factors. The policy memo directs officers to consider relevant factors and information on a case-by-case basis when determining whether extraordinary relief is warranted.
The policy change affects more than 1 million immigrants currently waiting on their green cards, according to analysts with the Cato Institute. The green card process had remained unchanged for more than 60 years, making this the latest significant move by the Trump administration on immigration policy. People apply for green cards in two separate ways: by applying at a US consulate abroad, or by applying for a green card while already in the US, which is called an 'adjustment of status.' With the new USCIS policy, many green card applicants in the US will probably be required to leave while their cases are processed – particularly affecting mixed-status families nationwide by forcing green card applicants to leave jobs, homes and relationships for an unknown amount of time. The agency is already struggling with a backlog of visa and green card cases, and it remains unclear how currently pending green card cases will be affected.
The new policy has drawn sharp criticism from aid organizations that work with vulnerable populations. HIAS, an aid group that provides services to refugees, among other groups of immigrants, said USCIS was forcing survivors of trafficking and abused and neglected children to return to the dangerous countries they fled in order to process their applications for green cards granting them permanent residency in the US. The USCIS said the new policy will free up agency resources to focus on processing other cases, but critics argue it places additional burdens on vulnerable populations who may face safety risks upon returning to their countries of origin.
As part of President Donald Trump's broader hardline immigration agenda, the US administration has unveiled this major policy shift that could require many migrants seeking permanent residency to leave the country and apply for Green Cards from their home nations instead of completing the process within the United States. The policy represents a significant departure from previous immigration procedures and aims to tighten pathways and increase scrutiny of visa and residency processes. This marks the latest in a series of steps taken by the Trump administration over the last year to tighten immigration to the United States, including moves to shorten visa durations for students, cultural exchange visitors and media members, and the state department's revocation of more than 100,000 visas in the second Trump administration. The administration has also attacked other immigrants with legal status, including refugees and other protected immigrants.
