The Trump administration has introduced a major immigration policy change that would require many temporary visa holders and humanitarian parolees living in the United States to leave the country in order to complete their green card applications.
The directive, issued Friday by U.S. Citizenship and Immigration Services (USCIS), changes how immigration officers evaluate applications for adjustment of status, the process that allows eligible individuals to apply for permanent residency while remaining in the United States.
Under the new guidance, USCIS officers are instructed to treat adjustment of status requests as an “extraordinary form of relief” rather than a routine pathway available to many legal immigrants already residing in the country.
Immigration attorneys and advocacy groups say the policy could affect hundreds of thousands of applicants, including workers on temporary visas and humanitarian parolees from countries facing conflict or instability.
Policy
According to the memo, most individuals living in the U.S. on temporary immigration status who want to become lawful permanent residents will now be expected to return to their home countries to complete the process through U.S. consulates abroad.
USCIS spokesperson Zach Kahler said the administration views the change as a return to what officials describe as the original intent of immigration law.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler said in a statement.
“From now on, 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,” he added.
The guidance is part of the administration’s broader immigration enforcement strategy, which has focused on tightening eligibility standards and increasing scrutiny of legal immigration pathways.
Impact
Immigration attorneys say the policy could significantly affect foreign nationals who have already begun the green card process while living and working legally in the United States.
Adjustment of status applications are commonly used by employment-based visa holders, family-sponsored immigrants, refugees, and humanitarian parolees.
Lawyers warn that requiring applicants to leave the country could create uncertainty for workers, families, and businesses that depend on long-term immigration stability.
Groups Potentially Affected
| Group | Possible Impact |
|---|---|
| Temporary Work Visa Holders | May need overseas processing |
| Humanitarian Parolees | Could face return risks |
| Employment-Based Applicants | Potential delays and disruptions |
| Family-Based Applicants | Possible family separation |
| U.S. Employers | Workforce uncertainty |
Rosanna Berardi, an immigration attorney based in New York, said the policy may particularly affect humanitarian parolees from countries experiencing conflict.
“Afghans who assisted U.S. forces, Ukrainians fleeing war, face a specific trap,” Berardi said. “The memo treats their choice to apply for a green card inside the U.S. as an adverse factor, because their admission was temporary.”
She added that many affected individuals may not have a safe country to return to while their applications are processed.
Legal
Several immigration lawyers questioned whether the administration has the authority to impose the policy through agency guidance alone.
Todd Pomerleau, an immigration attorney interviewed by ABC News, said federal immigration law already allows many legally admitted individuals to apply for permanent residency from within the country.
“You can’t, through a stroke of a pen, overturn a statute,” Pomerleau said. “I think it’s illegal, and it’s going to get shut down in court very quickly.”
Legal experts point to provisions within the Immigration and Nationality Act that permit eligible immigrants who were lawfully inspected and admitted into the U.S. to seek adjustment of status domestically.
The issue could eventually lead to legal challenges in federal court if advocacy organizations or affected applicants seek injunctions against enforcement of the policy.
History
Immigration experts note that the adjustment of status process has existed for decades and was designed in part to reduce family separation and employment disruptions.
Shev Dalal-Dheini, senior government director for the American Immigration Lawyers Association, said Congress intentionally expanded adjustment eligibility over time.
“Since the 1950s, Congress has specifically allowed non-immigrants to adjust their status in the United States to that of a green card,” Dalal-Dheini said.
She explained that the system has long allowed employers to retain skilled workers during immigration processing backlogs while also helping families remain together during lengthy visa waits.
According to immigration advocates, changing that process through administrative guidance rather than congressional action could face close legal scrutiny.
Concerns
Critics of the policy argue that it creates uncertainty for immigrants who followed existing legal pathways and complied with U.S. immigration rules.
Advocacy groups say the directive may increase processing delays, create logistical barriers, and expose some applicants to security risks if they are required to return to unstable countries.
Dalal-Dheini said the administration’s actions appear inconsistent with previous statements about focusing enforcement efforts on individuals accused of criminal activity.
“This administration says they’re going to go after people who are criminals, but in the same breath, they are upending the process for people who are trying to follow the law,” she said.
Supporters of stricter immigration controls, however, may view the change as an effort to reinforce overseas visa processing procedures and tighten eligibility review standards.
Outlook
It remains unclear how quickly the policy will be implemented nationwide or whether exceptions will be broadly granted.
Immigration attorneys expect significant confusion among applicants in the coming weeks as USCIS officers begin applying the updated guidance.
Legal challenges are also considered likely, particularly if courts determine that the agency exceeded its authority under existing immigration statutes.
For now, many immigrants with pending green card applications may need to consult attorneys to determine whether the policy affects their current status, travel options, or long-term residency plans.
FAQs
What does the new policy require?
Many applicants must leave the U.S. for green card processing.
Who could be affected by the rule?
Visa holders and humanitarian parolees may be affected.
What is adjustment of status?
It allows green card applications from inside the U.S.
Could the policy face legal challenges?
Yes, immigration lawyers expect court challenges.
Why are critics concerned?
They fear family separation and processing disruptions.
Minnesota Fraud Case – Feeding Our Future Founder Sentenced to Nearly 42 Years