On May 22, 2026, the Trump administration issued a major policy shift requiring most temporary visa holders seeking green cards to leave the U.S. and apply through consular processing in their home countries, severely restricting the long-standing "Adjustment of Status" process.

 

US green card applicants will now have to return to home countries to apply, DHS says

On May 22, 2026, the Trump administration issued a major policy shift requiring most temporary visa holders seeking green cards to leave the U.S. and apply through consular processing in their home countries, severely restricting the long-standing "Adjustment of Status" process.

The U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum declaring that applying for permanent residency from within the United States will now be treated as an "extraordinary form of relief" granted only under "extraordinary circumstances".

 

Key Mechanics of the Policy Shift

• Target Population: The policy primarily impacts foreign nationals currently residing in the U.S. on non-immigrant or temporary visas—including F-1 students, H-1B skilled workers, L-1 corporate transferees, and B-2 tourists.
• The New Mandate: Rather than filing Form I-485 (Adjustment of Status) to adjust their status while remaining in the country, applicants must return home and complete their application at a U.S. Embassy or Consulate abroad.
• Defined Exceptions: USCIS noted limited exemptions for individuals who provide an "economic benefit" or serve the "national interest." The agency also acknowledged exceptions for specific dual-intent visa categories and humanitarian pathways where adjustment of status is the only legal option.

The Government's Stated Rationale

• Eliminating "Loopholes": DHS framed the traditional adjustment of status process as a loophole, asserting that temporary visas are intended for short-term stays, not as an initial step toward permanent residency.
• Enforcement Efficiency: Authorities stated that forcing applications to be processed abroad reduces the risk of individuals "slipping into the shadows" to remain in the U.S. illegally if their residency applications are denied.
• Resource Allocation: Shifting the bulk of these cases to the State Department is intended to free up internal USCIS resources to handle backlogs in naturalization, trafficking visas, and other high-priority categories.

Criticism and Potential Fallout

The rule upends an immigration framework that has been stable for more than 60 years, under which more than half of all green card applicants typically adjust status from within the U.S. Critics, including immigration lawyers and advocacy groups like HIAS, have raised serious concerns:

• Family and Career Disruption: Forcing applicants abroad could separate families and compel highly skilled professionals—such as doctors, researchers, and tech workers—to leave their U.S. employers for months or years while applications slowly process.
• The Re-entry "Trap": Legal analysts warn that leaving the U.S. may automatically trigger 3-year or 10-year bars on re-entry for anyone who has accrued previous "unlawful presence" (such as a minor visa overstay). Furthermore, existing travel bans affecting dozens of countries could prevent individuals from returning entirely.
• Impending Legal Battles: Major business groups and immigration advocacy organizations are widely expected to mount immediate federal lawsuits to block the policy's implementation.

Note: Immigration attorneys strongly advise individuals with pending or planned green card applications to consult directly with legal counsel before making travel arrangements or altering their current visa status.