Summary (tl;dr)

U.S. Citizenship and Immigration Services (USCIS) has issued a new policy memo effectively requiring most foreign nationals seeking green cards to leave the country and apply from abroad, a significant shift that immigration advocates warn will make it harder to gain permanent residency.

Essential Background

For over half a century, foreign nationals with legal status in the U.S. have been able to apply for permanent residence, or a green card, through a process called "adjustment of status" while remaining within the United States. This process has been a common pathway for individuals such as those married to U.S. citizens, holders of work and student visas, and even refugees and asylum seekers. However, sources indicate that green card approvals have been significantly reduced over the past year.

The Full Story

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum (PM) emphasizing that obtaining a green card through "adjustment of status" in the U.S. is not an entitlement but a discretionary and "extraordinary act" of administrative grace. The PM states that aliens are generally expected to pursue an immigrant visa from outside the United States through consular processing at U.S. consulates overseas. While USCIS clarified that the memo does not eliminate adjustment of status as a legal path, it encourages officers to exercise discretion more aggressively in denying applications and indicates a policy preference for consular processing abroad. USCIS Spokesman Zach Kahler stated that "an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances." This directive, attributed to the Trump administration, is being criticized by immigration lawyers and advocacy groups as a move to severely restrict legal immigration.

Why It Matters

This policy change is expected to have wide-ranging implications, potentially affecting hundreds of thousands of individuals annually, including temporary visa holders like students and workers, and even spouses of U.S. citizens. Critics argue that forcing applicants to leave the U.S. to apply could lead to significant delays, family separations, job losses, and, for many, an inability to re-enter the country due to existing travel bans, visa suspensions, or the triggering of 3- or 10-year re-entry bars. Immigration attorneys foresee legal challenges to the new directive, which they contend overturns decades of established immigration practice and congressional intent.

Geographic Location

• Washington, D.C., District of Columbia, United States (USCIS and DHS announce new green card policy)