Applying for US Green Card? New USCIS rule could require you to return home country first

The administration says the move restores the original intent of US immigration law and closes what officials describe as a loophole that allowed people to remain in the country while pursuing lawful permanent resident status, reported Daily Caller. The guidance directs immigration officers to treat the transition from temporary non-immigrant status to permanent immigrant status as a process that should generally take place outside the United States.

The policy relies on Section 245(a) of the Immigration and Nationality Act, a provision that allows certain individuals who were legally admitted or paroled into the United States to apply for lawful permanent residency, reported Daily Caller. For several years, many eligible applicants used this process, known as adjustment of status, to obtain Green Cards without leaving the country.

Under the new interpretation, USCIS officers will generally expect applicants seeking permanent residence to leave the United States, complete required background checks and screening procedures abroad, obtain an immigrant visa through the U.S. Department of State, and then return to the country as lawful permanent residents.

Homeland Security shared details of the policy on X. “An alien who is in the US temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation’s immigration system is over,” it wrote.

What changes under new USCIS guidance?

The new guidance changes how immigration officers evaluate applications from individuals who enter the United States on temporary visas and later seek permanent residency. Rather than allowing most applicants to complete the process inside the country, officers will generally direct them toward overseas immigrant visa processing.

According to the policy document, adjustment of status inside the United States should occur only in “extraordinary circumstances.” USCIS officers must review requests individually and consider all relevant factors before granting such relief.

The administration says that the law was designed to maintain a clear distinction between temporary visitors and immigrants. Officials say temporary admission should not automatically become a pathway to permanent residency without applicants first completing the standard immigrant visa process abroad.

USCIS director Joseph Edlow told Daily Caller that the agency is restoring the original meaning of the law. “Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants,” Edlow said in a statement provided to the Daily Caller.

What US administration says about policy

Trump administration officials say that requiring applicants to seek immigrant visas from their home countries reduces opportunities for immigration system abuse. They contend that individuals whose residency applications are denied sometimes remain in the United States unlawfully after exhausting legal options.

USCIS spokesman Zach Kahler told Daily Caller that the administration wants applicants to use what it considers the proper legal pathway to permanent residency. “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. 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,” Kahler told the Daily Caller.

He also linked the policy to immigration enforcement concerns. “This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. 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 US illegally after being denied residency,” Kahler said.

What is Section 245(a) of  Immigration and Nationality Act?

Section 245(a) of the Immigration and Nationality Act states that a person who was inspected and admitted or paroled into the United States may adjust status to lawful permanent resident if several conditions are met. These include submitting an application, qualifying for an immigrant visa, meeting admissibility requirements and having an immigrant visa immediately available, reported Daily Caller.

Officials say that the statute should focus primarily on immigrant visa processing abroad rather than allowing applicants already in the United States to complete the process domestically in most cases.

For now, USCIS says overseas visa processing should become the standard route for temporary visa holders seeking Green Cards, while domestic adjustment of status will remain available only under limited and exceptional circumstances.

Disclaimer: This article is for general informational purposes only and does not constitute legal, immigration, or tax advice. Immigration laws and government policies are subject to frequent change without notice. While we strive to provide accurate updates, readers are strongly advised to verify the latest requirements with the official embassy, consulate, or government portal of the respective country. Financial Express is not responsible for any decisions made based on this information. For personalized guidance, please consult a qualified immigration attorney or a certified professional advisor.