The administration of United States President Donald Trump has introduced a major change to the country’s immigration process, directing that migrants seeking permanent residency through green cards must generally return to their home countries to complete their applications.
The new policy effectively closes a long-standing pathway that previously allowed many migrants already living in the United States to remain in the country while applying to adjust their immigration status to lawful permanent residency.
The updated guidance was announced on Friday, May 22, by U.S. Citizenship and Immigration Services (USCIS), which stated that immigration officers are now expected to treat the transition from temporary nonimmigrant status to permanent immigrant status as a process that should ordinarily occur outside the United States.
According to the agency, the directive is based on Section 245(a) of the Immigration and Nationality Act and reflects what the administration describes as the original intent of American immigration law.
Under the revised policy, migrants who entered the United States on temporary visas and later decide to seek green cards will typically be required to return to their countries of origin, undergo screening and visa processing through the U.S. Department of State, and only then re-enter the United States as lawful permanent residents.
The decision marks a significant tightening of immigration procedures under the Trump administration and is expected to affect thousands of migrants currently living in the United States on temporary visas.
In a statement accompanying the announcement, USCIS Director Joseph Edlow said the administration was restoring what he described as a proper legal distinction between temporary admission into the country and permanent residency.
“Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence,” Edlow said.
“Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants,” he added.
The guidance further states that adjustment of status within the United States will only be permitted under what it described as “extraordinary circumstances.”
According to USCIS, such cases would require detailed review and special vetting by immigration officers before approval could be considered.
The agency instructed immigration officials to evaluate all relevant factors individually when determining whether an applicant qualifies for such exceptional administrative relief.
The policy is being viewed as one of the latest efforts by the Trump administration to tighten immigration rules and reduce what officials describe as abuse of the immigration system.
The U.S. Department of Homeland Security also publicly defended the new policy in a statement posted on social media platform X.
“An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply,” the department stated.
“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”
“The era of abusing our nation’s immigration system is over,” the statement added.
Supporters of the policy argue that the change restores integrity to the immigration process and ensures that individuals seeking permanent residency follow formal legal procedures through overseas consular processing.
They also contend that the previous system encouraged visa overstays and blurred the distinction between temporary visitors and immigrants intending to settle permanently in the United States.
However, immigration advocates and legal experts are expected to strongly criticise the move, warning that it could create uncertainty and hardship for migrants who have already established lives, jobs and families in the country.
Critics argue that requiring applicants to leave the United States during the green card process may expose them to long delays, visa denials or barriers preventing them from returning.
Some analysts also believe the policy could significantly affect international students, temporary workers and other visa holders who had hoped to transition legally into permanent residents while remaining in the United States.
The guidance could also increase the workload of American embassies and consulates abroad, as more applicants would now be required to complete immigrant visa processing outside the country.
The Trump administration has consistently pursued stricter immigration measures since returning to office, focusing heavily on border security, visa enforcement and reducing irregular migration.
Officials within the administration have repeatedly argued that the immigration system has been exploited through legal loopholes that allow temporary visa holders to remain indefinitely in the country while pursuing permanent residency.
The latest directive aligns with the administration’s broader immigration philosophy, which emphasises stricter enforcement and prioritises what it calls lawful, merit-based immigration channels.
Although USCIS has not yet provided detailed statistics on how many people could be impacted by the policy, immigration experts believe the changes could reshape the pathway to permanent residency for a large number of migrants already residing in the United States.
Legal analysts also expect potential court challenges from immigration rights organisations and advocacy groups seeking to block or limit implementation of the directive.
For now, however, the guidance signals a major policy shift that reinforces the Trump administration’s hardline approach to immigration and its determination to restrict adjustment-of-status pathways within the United States.
The new rules are expected to take immediate effect as immigration officers begin implementing the updated guidance in green card processing cases nationwide.
