The Trump administration has announced a major change to the U.S. green card process, requiring most foreign nationals seeking permanent residency to apply from outside the U.S. rather than adjusting their status while already living in the country on temporary visas.
The new guidance, issued by U.S. Citizenship and Immigration Services (USCIS) last Friday, directs applicants to pursue permanent residency through U.S. consulates in their home countries except in what the agency describes as "extraordinary circumstances."
The move alters a long-standing practice that allowed many eligible immigrants already residing in the U.S. to seek lawful permanent residency through a process known as adjustment of status. Immigration attorneys who spoke to The Washington Post said the change could affect hundreds of thousands of people who apply for green cards each year while living in the country on temporary visas.
USCIS defended the policy as a return to the original intent of federal immigration law. In a statement cited by the outlet, USCIS spokesman Zach Kahler said temporary visa holders come to the U.S. "for a short time and for a specific purpose" and that their stay "should not function as the first step in the Green Card process."
The agency's policy memorandum states that adjustment of status should be treated as an extraordinary form of relief rather than a routine pathway to permanent residence. USCIS Director Joseph Edlow wrote that, in general, individuals should depart the U.S. once the purpose of their temporary admission has been fulfilled and pursue immigrant visas abroad. Reuters reported that the Department of Homeland Security argued the change would better align immigration procedures with existing law and reduce what officials view as misuse of the system.
Federal immigration data show the U.S. issues more than 1 million green cards annually. More than half of those recipients have traditionally obtained permanent residency while already residing in the country, according to The Washington Post.
USCIS said exceptions may remain available for certain visa categories, including some "dual intent" visas that allow individuals to pursue permanent residency while temporarily living and working in the U.S. However, immigration lawyers said details regarding which visa holders may qualify for exemptions were not immediately clear.
Elizabeth Goss, an immigration attorney and board member of the immigrant rights organization Immigrants' List, told the outlet that the measure would have broad consequences across multiple sectors of the economy. She said the policy could affect professionals including doctors, professors, researchers and corporate executives who have already undergone screening for temporary visas.
Criticism also emerged from refugee and immigrant advocacy groups. The Reuters report said organizations including HIAS argued the policy could place vulnerable individuals at risk by forcing some applicants to return to countries where they may face dangerous conditions.
The new guidance comes amid a series of immigration-related policy changes implemented during Trump's second term. In recent months, the administration has reduced refugee admissions and expanded detention authority for some refugees seeking permanent residency.
David Bier, director of immigration studies at the Cato Institute, told The Washington Post that the policy represents one of the administration's most significant actions affecting legal immigration. Bier said the administration has already narrowed pathways for refugees, asylum seekers, students and certain family-based immigrants. He argued that requiring applicants to leave the country could create additional barriers for individuals from nations affected by travel restrictions or visa processing suspensions.
Immigration attorneys told the outlet that legal challenges are likely as courts and stakeholders examine the scope of the new policy and its compatibility with existing immigration statutes.
