The change is likely to affect hundreds of
thousands of people. It could also lead to more family separations as spouses or
relatives wait for application decisions, immigration lawyers said.
·
Under the
new policy:
o Adjustment of status inside the US will be
allowed only in “extraordinary circumstances.”
o Most applicants must complete “consular processing”
abroad through US embassies or consulates.
·
The move
represents a significant tightening of legal immigration procedures under the administration
of Donald Trump.
·
The administration
said the policy is intended to:
o Reduce misuse of the immigration system.
o Prevent rejected applicants from remaining
unlawfully in the US.
o Restore what officials describe as the original
intent of immigration law.
·
USCIS spokesman
Zach Kahler stated that overseas processing would reduce incentives for people to
“slip into the shadows” after denial of residency applications.
·
The policy
could impact hundreds of thousands of people already living legally in the US, including:
o International students.
o Spouses of US citizens.
o Temporary foreign workers.
o H-1B visa holders.
o Parents of US citizens.
·
It remains
unclear which categories will qualify for exemptions.
·
The administration
indicated that:
o Refugees may be exempt.
o Applicants providing “economic benefit” or
serving the “national interest” may continue under current procedures.
·
Immigration
lawyers and policy experts warned that the policy could:
o Separate families for extended periods.
o Increase processing backlogs at US consulates
worldwide.
o Create uncertainty for applicants already in
process.
·
Experts
noted that consular systems are already heavily burdened and may struggle with a
large influx of additional cases.
·
According
to US Department of Homeland Security data:
o Around 1.4 million green cards were granted
in 2024.
o More than 820,000 were approved through adjustment
of status inside the US.
·
Adjustment
of status has been a major pathway for permanent residency for decades:
o More than 500,000 people annually have used
this route in most years over the past two decades.
·
Marriage-based
green cards are especially dependent on this process:
o Over 70% of marriage-based green cards in 2024
were granted through adjustment of status.
o Approximately 250,000 people benefited through
this pathway last year.
·
Immigration
attorneys reported widespread confusion following release of the six-page memo.
·
Lawyers
said many clients were urgently seeking clarification about:
o Whether spouses must leave the US immediately.
o Whether families would be forced to live apart
during processing.
o Which visa holders may qualify for exceptions.
·
Legal challenges
to the policy are widely expected.
·
The measure
is part of a broader expansion of immigration enforcement efforts targeting not
only undocumented immigrants but also legal immigration channels.
·
Recent
administration actions have included:
o Reviewing green card holders for possible deportation
grounds.
o Seeking denaturalization of certain naturalized
citizens.
o Expanding scrutiny of immigration benefits
and residency pathways.
[ABS News Service/23.05.2026]
The
Trump administration said on Friday that most foreigners seeking green cards will
have to return to their home countries to apply, a remarkable change that could
make it more difficult for hundreds of thousands of people to obtain permanent residency.
U.S.
Citizenship and Immigration Services, the agency that oversees the legal immigration
system, said it would grant green cards to people inside the country only in “extraordinary
circumstances.” People applying for permanent residency, which is one step away
from citizenship, will have to go through consular processing outside the country
instead, according to a memo issued by the agency.
“This
policy allows our immigration system to function as the law intended instead of
incentivizing loopholes,” Zach Kahler, a spokesman for the agency, said in a statement.
“When aliens apply from their home country, it reduces the need to find and remove
those who decide to slip into the shadows and remain in the U.S. illegally after
being denied residency.”
The
change could upend the lives of people who entered the country lawfully through
temporary visas and are seeking green cards to remain in the United States, including
students, spouses of U.S. citizens and a wide range of foreign workers. The process
of obtaining a green card — which gives immigrants the right to live in the country
permanently and provides a path to citizenship — takes months or longer, meaning
families could be separated for extended periods.
The
memo was immediately met with confusion and chaos as immigration lawyers scrambled
to understand which exceptions would be granted. Many also expected the policy change
to be met with legal challenges.
The
agency did not detail which groups would be eligible for an exception, only suggesting
that refugees would not be subject. Mr. Kahler said in a statement that people who
“provide an economic benefit or otherwise are in the national interest will likely
be able to continue on their current path.”
It
was unclear, though, which foreign workers would be exempt and if exceptions would
extend to skilled foreign workers on H-1B visas, for instance.
The
policy is a major escalation of the Trump administration’s efforts to curb legal
immigration and reflects how the president’s crackdown has broadened beyond immigrants
living in the country unlawfully. Federal officials have in recent months sought
to strip some naturalized citizens of their status and review thousands of green
card holders to root out immigrants they believe should be deported.
The
change is likely to lead to more families being separated as spouses or relatives
wait for decisions on their applications, immigration lawyers and former homeland
security officials said. It could also lead to longer processing times as consulates
around the world manage an influx of new cases.
“Our
consular processing system through which they would have to apply is already overburdened,”
said Sarah Pierce, a former policy analyst at Citizenship and Immigration Services
who is now the director of social policy at the center-left
think tank Third Way. “So that means we could have families separated for months
or years.”
About
1.4 million green cards were granted in 2024, with more than 820,000 approved for
people inside the country through a process called “adjustment of status,” according
to Department of Homeland Security data. Over the past two decades, more than 500,000
people have received green cards via adjustment of status each year, except for
in 2020 during the Covid-19 pandemic.
There
are various pathways for foreigners to obtain a green card. People with temporary
visas can apply to adjust their status if they have spouses who are U.S. citizens,
for instance. Certain foreign workers and parents of citizens who are at least 21
years old are also eligible for green cards.
More
than 70 percent of people who received a green card through marriage did so through
adjustment of status, totaling about 250,000 people in
2024.
Some
immigration attorneys said they were inundated with calls and emails from clients
on Friday asking how the new memo could affect their cases.
Robert
O’Malley, an immigration attorney in Grand Rapids, Mich., said several clients called
to ask if their spouses needed to leave the United States, or if they would be able
to stay together.
“I’ve
done my best to assuage those fears,” Mr. O’Malley said. “But I’m really just trying
to digest this six-page memo and wait for further guidance so that we know how to
best advise our clients.”