The Trump administration has started making new demands from people applying for green cards inside the United States, a move that immigration lawyers say could slow down the system even more and scare people away from seeking legal status.
Under the new guidance at the US Citizenship and Immigration Services (USCIS), immigration officers have already started asking applicants fresh questions during interviews and reviews.
The policy has sparked anxiety among immigrants, immigration lawyers and businesses, especially because USCIS has not yet fully explained how broadly the rules will be enforced or who exactly may qualify for exceptions.
Green card applicants face tougher questions under Trump’s new immigration guidance
The American Immigration Lawyers Association said several green card applicants faced unusual questions during interviews on Tuesday under the Trump administration’s new guidance.
One applicant, who was seeking a green card after marrying a US citizen, was asked why they chose to apply from inside the United States instead of returning to their home country and applying through a US embassy there. The person was also asked whether anything prevented them from going back and whether they still had family in their home country.
Another applicant was reportedly told to submit documents explaining why they should be allowed to apply from within the US Officials allegedly asked for proof showing the person would not become a financial burden or “public charge” on the country.
These documents included 2025 tax returns, employer letters mentioning salary details and bank statements.
Applicants facing extra scrutiny
Applicants were already facing tougher scrutiny even before the latest announcement. “This is another method of putting cogs in the wheel to try and shut down legal immigration,” said Jeff Joseph, president of the American Immigration Lawyers Association.
Joseph said USCIS has recently started asking many applicants for extra evidence that normally was not required unless there was a major issue in the case, such as a criminal conviction. Some applicants are now reportedly being asked to provide documents showing family ties to US citizens, English fluency, educational qualifications, tax records, military service history and employment records.
Family-based applicants could face the biggest problems
Immigration lawyers say the new approach may affect many categories of applicants, including students, workers, executives and religious workers. But family-based applicants, especially spouses of US citizens who entered on tourist visas, may face the biggest hurdles.
For years, many people who entered the United States legally on tourist visas and later married US citizens were allowed to apply for green cards from inside the country, even if they overstayed their visas.
Now, those applicants could face much stricter scrutiny. Lawyers warn that some people who overstayed tourist visas may even face re-entry bans of up to 10 years if they leave the country and apply from abroad.
However, asylum seekers and refugees are generally expected to remain under different immigration rules and may not be directly affected by the changes.
Business leaders warn of disruption
The policy has also alarmed business groups and technology companies that rely heavily on foreign workers.
Neil Bradley, executive vice president and chief policy officer at the US Chamber of Commerce, said the organisation is reviewing the policy and is worried about the impact on employers and workers.
“This has the potential to be incredibly disruptive for employers and our legal immigration system,” Bradley said.
Companies such as Amazon, Meta and Apple are among the largest sponsors of employment-based green cards in the United States. Microsoft declined to comment on the matter.
Many foreign professionals working in the United States on H-1B visas later apply for green cards. Business leaders fear the new rules could force employees to leave the country for long periods, affecting projects, research and daily operations.
Trump administration says policy restores old immigration rules
The Department of Homeland Security says the policy is only bringing back “longstanding law and policy” that it claims were ignored during the Biden administration. According to the administration, the goal is to promote immigration that benefits the United States economically, socially and culturally, while also discouraging people from misusing temporary visas as a pathway to permanent residency.
Officials have said applicants who can prove they provide an “economic benefit” to the country or are in the “national interest” may still be allowed to adjust their status from inside the United States.
Supporters of the move argue that tourist visas, such as B-1 and B-2 visas, were never meant to become shortcuts to green cards.
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.
