Foreign candidates for Green Cards will have to “self-deport” while their applications are being processed, according to a Trump administration announcement.
Due to the significant shift, those seeking lawful permanent residency—such as those with work permits, visas, or marriages—can no longer do so from within the United States.
The change is estimated to have an impact on 1.2 million legal immigrants.
It was announced on Friday that the new system will only exclude people who can demonstrate “extraordinary circumstances.”
The US Citizenship and Immigration Services memo stated that applicants would need to go through consular procedures outside of the US.
“USCIS is simply restating and reasserting that intent after years of ignoring the intent of Congress in the adjustment of status application,” USCIS spokesman Zach Kahler said in a statement to the Daily Mail.
“People who submit applications that offer an economic benefit or are otherwise in the national interest will probably be able to continue on their current path while we work to operationalize this, while others may be asked to apply abroad depending on individual circumstances.”
Since obtaining permanent residency can be expensive and take months or years, the change is anticipated to have a significant impact on prospective residents, including students, spouses of US citizens, and foreign workers.
The Trump administration declared on Friday that foreign nationals in the United States who wish to obtain a green card must depart and apply in their home nation.
The letter stated that “nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose.” Only those who can demonstrate they have “extraordinary circumstances” will be permitted to apply while they are still in the country. When their visit is ended, our system is set up for them to depart. The Green Card application procedure shouldn’t begin with their visit.
The New York Times was informed by Sarah Pierce, a former policy analyst at Citizenship and Immigration Services, that “our consular processing system through which they would have to apply is already overburdened.” Thus, families may be split up for months or even years.
What precisely would qualify as “extraordinary circumstances” is still up for debate.
The memo went on, “Aliens may be paroled into the United States “temporarily” on a case-by-case basis for “urgent humanitarian reasons or significant public benefit.” Paroled aliens are expected to leave the country or return (or be returned) to DHS custody “when the purposes of such parole shall, in the opinion of the Secretary of Homeland Security, have been served.”
“If such aliens want to live in the United States permanently, they are typically expected to apply for an immigrant visa and admission from outside the country.”
Trump’s latest move to limit immigration is represented by the new policy; the administration also plans to enact another regulation that would permit officers to reject applicants who might eventually require aid.
Any applicant who, in the immigration officer’s assessment, lacks assets or education and could benefit from welfare in the future would be rejected under the public charge rule.
US Citizenship and Immigration Services released a statement on Friday stating that applicants would need to go through consular procedures outside of the US.
Because obtaining permanent residency can be expensive and take months or years, the change is anticipated to have a significant impact on prospective residents, including students, spouses of US citizens, and foreign workers.
According to data from the Department of Homeland Security, 1.4 million green cards were issued in 2024, while over 820,000 were accepted for those inside the nation through “adjustment of status.”
According to the Journal, officers have also been urged to use applicants’ social media accounts as weapons if they contain “anti-American” attitudes, such as anti-Israel sentiments.
Additionally, the administration placed a weighted lottery system and a $100,000 charge on H-1B visa applications, making qualification extremely challenging, especially for recent college grads with no experience.
According to the Journal, those who are refused permanent resident status overseas will likewise have no legal basis to challenge the ruling.
Former USCIS senior advisor Doug Rand told the Associated Press that the policy’s objective is extremely clear. Senior administration officials have often stated that they wish to prevent as many people as possible from obtaining permanent residency since it is a route to citizenship.
A large portion of the message was vague about when the regulation would take effect, whether applicants would have to stay abroad for the duration of the process, and whether the restriction would affect pending applications.
The source was informed by the agency that candidates who offer “economic benefit” or “national interest” would probably be permitted to remain in the nation, while others would have to apply elsewhere.
The humanitarian and refugee resettlement organization World Relief stated: “It’s a catch-22 if families are informed that the non-citizen family member must return to his or her country of origin to process their immigrant visa, but immigrant visas are not being processed there.” Families will be separated indefinitely as a result of these practices.
Due to the absence of information, immigration attorneys said that the memo drove many of their clients and offices into a panic.
“USCIS is trying to upend decades of processing of adjustment of status,” stated Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association. The memo provided little information on when the policy would take effect, whether applicants would have to stay out of the country for the entire process, or whether the policy would affect ongoing applications.
“Anyone applying for a green card is covered by this in a very broad sense.”
Attorneys cited contemporary global challenges that have caused anxiety, such as people unable to return home due to safety concerns or the lack of an embassy in their home nation where they could apply.
For instance, after the US withdrew its troops from Afghanistan in August 2021, the US Embassy there has been closed.
“It’s really hard to tell how this is going to be applied,” stated Jessie De Haven, a senior staff attorney with the California Immigration project. I do believe that it could deter applicants.
According to data from the Department of Homeland Security, 1.4 million green cards were issued in 2024, while over 820,000 were accepted for individuals within the nation through “adjustment of status.”
The White House and USCIS were contacted by The Daily Mail for comment.
