The U.S. Citizenship and Immigration Services announced Friday that it will sharply limit when immigrants already inside the United States can apply for permanent residency.
In a new policy memo, the agency said most noncitizens seeking a green card must instead leave the U.S. and complete the process through consular offices overseen by the U.S. Department of State in their home countries.
USCIS spokesperson Zach Kahler said in a statement that the rule applies to noncitizens who are temporarily in the U.S., except for those “in extraordinary circumstances,” noting that the U.S. was “returning to the original intent of the law.”
“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes,” Kahler said. “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 move marks a significant tightening of immigration policy under the Trump administration and could affect thousands of people living in the U.S. on nonimmigrant visas, including international students, temporary workers and tourists.
Prior to the new policy, people living legally in the U.S. on nonimmigrant visas could later become eligible for green cards through family sponsorship, employment or other immigrant pathways. This process, known as an adjustment of status, could be done without the individual having to leave the country.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose,” Kahler said. “Their visit should not function as the first step in the Green Card process.”
Roughly 1.4 million green cards were issued in 2024, including more than 820,000 to applicants already living in the U.S. through adjustment of status, according to Department of Homeland Security data.
The latest guidance from USCIS directs immigration officers to evaluate requests on a case-by-case basis and consider “all relevant factors and information” before deciding whether someone qualifies for what the agency describes as an “extraordinary form of relief.”
The change comes as the Trump administration continues its broader crackdown on immigration, including stricter asylum rules, expanded deportation efforts and tighter visa enforcement measures.
The administration said routing more cases through overseas consular processing would allow USCIS to redirect resources toward other priorities, including applications involving victims of violent crime and human trafficking, as well as citizenship and naturalization cases.
Immigration experts with the American Immigration Council and American Immigration Lawyers Association warned the policy could worsen consular backlogs and expose some immigrants to three- to 10-year bans from re-entering the U.S. if they leave the country.
They also raised concerns about how long applicants may be forced to remain abroad during processing.
“It could force people to leave homes and families for weeks or months at their own expense,” AIC Policy Director Nayna Gupta told MS NOW, adding that already strained consular offices will “absolutely” be overwhelmed.
AILA’s senior director of government relations Shev Dalal-Dheini also said the policy creates additional “roadblocks and barriers” for immigrants seeking to legally remain in the U.S.
Didi Martinez and Julia Jester contributed to this report.
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