The US government announced a policy change on Friday requiring many foreign nationals to leave the United States and apply for lawful permanent residence from their home countries rather than changing status while in the US.
US Citizenship and Immigration Services (USCIS) said the rule targets nonimmigrants — such as students, temporary workers and visitors — who come to the US for a limited time and purpose. “From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesman Zach Kahler said. He added that the system is intended for temporary stays and that the new requirement should prevent short-term visitors from using their visit as “the first step in the green card process.”
Kahler also said applying from abroad reduces the need to locate and remove people who remain in the US illegally after being denied residency.
The announcement sparked confusion among immigration experts and applicants. More than one million green cards are issued each year in the United States, and historically a sizable share of applicants have adjusted status while already inside the country. Observers are trying to determine exactly who will be affected.
USCIS has not clarified key details: when the policy will take effect, whether applicants must remain in their home country for the entire adjudication period, and how pending applications will be handled. The agency framed the change as a return to “the original intent of the law” and a closure of what it called a “loophole.”
Immigration lawyers counter that adjusting status from within the US has long been a common, legally accepted path for many people. They warn that forcing some applicants to go home could place them in danger and note that some people lack access to a US embassy or consulate in their country of origin.
The decision comes amid a broader set of immigration restrictions pursued by the current administration, and it has provoked protests and criticism from advocates who say it will add hardship and uncertainty for families and workers seeking permanent residency.
At this stage, advocates, attorneys and potential applicants are awaiting further guidance from USCIS to understand who will be covered, how the change will be implemented, and what remedies — if any — will be available for people with pending cases.