The Trump administration said temporary visa holders seeking permanent residency in the United States must generally return to their home countries to apply for Green Cards, marking a significant shift in immigration policy and tightening restrictions on legal migration pathways.
The Department of Homeland Security and US Citizenship and Immigration Services said the updated guidance is intended to reinforce existing immigration law and discourage applicants from remaining in the country while pursuing permanent residency.
Officials described adjustment of status from within the United States as a discretionary benefit rather than an automatic right.
In guidance issued Friday, USCIS said immigration officers should review applications on a case-by-case basis while considering factors such as visa overstays, unauthorized employment, fraud and compliance with visa terms.
The agency said temporary visa holders, including students, tourists and temporary workers, are expected to leave the United States once their authorized stay ends.
“From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesperson Zach Kahler said.
USCIS said some visa categories allowing “dual intent” would remain exempt, though those categories would not guarantee permanent residency approval.
The administration said the changes would allow more immigration cases to be processed through US consulates abroad while freeing USCIS resources to focus on other applications, including naturalization and visas for victims of violent crime and human trafficking.
The move follows other immigration measures introduced since Donald Trump returned to office, including visa revocations and shortened visa durations for some categories of travelers.
Immigrant advocacy organizations criticized the policy, warning it could separate families and place vulnerable migrants at risk.
HIAS said the changes could affect trafficking survivors and abused or neglected children who may now be required to leave the country during the residency process.
World Relief described the policy as “cruel” and “anti-family,” arguing it disrupts a longstanding process that allowed eligible applicants to adjust status within the United States.
Former USCIS official Doug Rand said around one million people apply for Green Cards annually, with roughly half traditionally applying from within the country.
Critics also warned the requirement to leave the United States could create barriers for applicants from countries facing travel restrictions or unstable conditions.