WASHINGTON, May 22 – A major shift in U.S. immigration policy announced by the Trump administration is drawing concern from immigration attorneys, advocacy organizations, and foreign nationals currently living in the United States. The new guidance indicates that many foreigners who are legally present in the country and seeking permanent resident status will no longer be able to complete the green card process from within the United States.
For decades, a wide range of eligible immigrants, including spouses of U.S. citizens, workers on temporary visas, international students, refugees, and individuals granted asylum, have generally been allowed to apply for lawful permanent residency without leaving the country. The latest policy change signals a departure from that longstanding practice and could significantly alter the path toward permanent residence for hundreds of thousands of people each year.
The announcement was made by U.S. Citizenship and Immigration Services (USCIS) on Friday. According to the agency, foreign nationals who entered the United States under temporary nonimmigrant categories and later seek a green card will generally be required to return to their country of origin or another designated location abroad to complete the application process. USCIS stated that exceptions may be available in extraordinary circumstances, although agency officials will determine eligibility on a case-by-case basis.
USCIS defended the policy by arguing that temporary visa programs were designed for limited purposes and durations. In its explanation, the agency said that individuals entering the United States as students, tourists, or temporary workers are expected to leave when their authorized stay ends and that such temporary visits should not automatically serve as the starting point for obtaining permanent resident status.
The policy represents another step in the administration’s broader effort to tighten immigration rules and reshape the legal immigration system. Since returning to office, President Donald Trump’s administration has introduced several measures aimed at restricting immigration pathways and increasing scrutiny of visa and residency programs.
Immigration Community Raises Concerns About Practical Impact
The announcement immediately triggered questions about how the new rules will affect current applicants and those planning to apply in the near future. Immigration lawyers noted that USCIS did not provide detailed information regarding implementation timelines or explain how ongoing applications would be handled.
The agency also did not clearly state whether applicants would be required to remain outside the United States for the entire duration of processing. This uncertainty has left many individuals unsure about their future immigration plans and legal status.
Former USCIS officials and immigration policy experts argued that the change could affect a substantial number of people. Doug Rand, who previously served as a senior adviser at USCIS during the Biden administration, said the measure appears consistent with efforts to reduce the number of people obtaining permanent residency. He noted that approximately 600,000 individuals already residing in the United States apply for green cards each year.
USCIS has suggested that certain applicants who provide a significant economic benefit to the United States or whose cases involve national interests may be allowed to remain in the country while their applications are processed. However, immigration advocates say the criteria remain unclear and could lead to inconsistent decisions.
Humanitarian organizations also expressed concerns about the consequences for families. World Relief, a refugee resettlement and humanitarian organization, warned that some applicants may be required to leave the United States to pursue immigrant visas in countries where visa processing is restricted, delayed, or unavailable. In such situations, families could face extended separations with no clear timeline for reunification.
Legal experts point out that some foreign nationals come from countries where U.S. diplomatic operations are limited or suspended. In those cases, applicants may face significant obstacles in completing the process abroad. Others may encounter long appointment backlogs at U.S. embassies and consulates, potentially extending wait times by months or even years.
Confusion over who the change applies to
One of the biggest areas of uncertainty involves determining exactly who will be affected by the policy. USCIS described the move as a return to what it considers the original purpose of immigration law and characterized the existing adjustment-of-status process as a loophole that requires correction.
Immigration attorneys strongly disagree with that interpretation. Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, argued that the ability to adjust status within the United States has been a recognized and widely used component of the immigration system for many years. She warned that the new guidance could have broad implications across numerous immigration categories.
According to legal analysts, the policy could potentially impact individuals married to American citizens, employment-based visa holders, medical professionals, religious workers, international students, refugees, and people who have received humanitarian protections. Because the policy language is relatively broad, attorneys are continuing to review official documents to understand how federal immigration officers may interpret and enforce the new rules.
Organizations providing legal assistance to immigrant communities reported receiving inquiries from worried clients shortly after the announcement. Many applicants are concerned about whether they will be forced to leave the country, how long they might remain abroad, and whether they would be able to return if visa processing is delayed.
Jessie De Haven, a senior staff attorney with the California Immigration Project, said uncertainty surrounding the policy could discourage eligible individuals from applying for permanent residency. She noted that many immigrants may hesitate to begin the process if they fear being separated from family members, employment opportunities, or educational programs in the United States.
As of Friday, federal immigration authorities have not released detailed implementation procedures or a specific effective date for the new requirement. Additional guidance is expected in the coming weeks, but immigration attorneys say many critical questions remain unanswered.