Changes in Green Card Application Process Create Uncertainty

Foreign nationals living in the United States must now leave the country to apply for permanent residency. The Trump administration announced this unexpected change, causing confusion among immigration groups, lawyers, and immigrants.

For over fifty years, foreign citizens with legal status could apply for permanent residency while in the U.S. This included those married to U.S. citizens, individuals with work or student visas, and refugees. The U.S. Citizenship and Immigration Services (USCIS) stated that foreigners temporarily in the U.S. who wish to become permanent residents must return to their home countries to apply, except in ‘extraordinary circumstances,’ though they did not provide specifics. USCIS officials will decide if applicants meet these conditions.

The agency noted, “Non-immigrants, like students or temporary workers, come to the U.S. for a short period and specific purpose. Their visit should not be the first step in the green card process.”

This move is the latest in the Trump administration’s efforts to restrict legal immigration for those in the U.S. and those who plan to come. Hundreds of thousands apply for green cards from within the U.S. annually. Doug Rand, a former senior advisor to USCIS under the Biden administration, stated, “The goal of this policy is explicit.” He added that the administration wants fewer people to obtain permanent residency, as it is a pathway to citizenship, and they want to block as many as possible.

The USCIS announcement didn’t specify when the changes would take effect, if individuals must remain in another country throughout the process, or if the policy affects those with pending applications. The agency mentioned that applicants providing ‘economic benefit’ or serving ‘national interests’ might stay in the U.S., but others would need to apply abroad. Previous restrictions already limited entry for many from numerous countries.

Experts warned that requiring people from certain countries to return home for green card applications could prevent reentry to the U.S. World Relief, a refugee resettlement organization, said these policies might cause prolonged family separations.

USCIS described the policy as aligning with the original intent of the law and closing a ‘loophole.’ However, immigration lawyers and aid groups disagreed, noting long-standing practices allowing many to adjust their status in the U.S. Some can’t safely return home or lack an embassy to apply at, such as in Afghanistan, where the U.S. embassy closed in 2021.

Shev Dalal-Dheini, a senior director at the American Immigration Lawyers Association, criticized USCIS for disrupting decades of adjustment of status processes. This broad policy might affect spouses of U.S. citizens, immigrants seeking humanitarian protection, and those with work visas like doctors and professionals.

Some U.S. consulates abroad have visa appointment wait times exceeding a year, Dalal-Dheini noted. Immigration lawyers are analyzing the policy memo to understand who it impacts. Organizations providing legal aid to immigrants reported receiving inquiries from anxious clients about the new guidance’s implications.

Jessie De Haven, a senior attorney at the California Immigration Project, acknowledged the uncertainty this change introduces. “It’s difficult to know how this will be applied,” she said, adding that it may deter individuals from applying.