Foreign nationals holding temporary visas in the United States who wish to apply for permanent residency (a Green Card) must return to their home countries to do so. The Trump administration has announced this decision.
The U.S. administration claims that this measure has been taken to further strengthen the existing legal immigration system.
Officials stated that the objective of this policy is to ensure that Green Card applications are processed in accordance with the standard and established immigration procedures. According to the Trump administration, this initiative aims to prevent foreign nationals from remaining within the United States while applying for permanent status by exploiting “legal loopholes” in the current system.
The U.S. Department of Homeland Security stated on the social media platform X (formerly Twitter): “Foreign nationals who are temporarily present in the United States and seek a Green Card must return to their home countries to file their applications. This policy will help the U.S. immigration system operate in accordance with the law, rather than allowing it to be exploited by legal loopholes.”
Yesterday, Friday, U.S. Citizenship and Immigration Services (USCIS) issued a new directive. It states that adjusting one’s status to permanent residency while remaining within the United States is not an automatic right, but rather a matter subject to the discretionary authority of the administration.
USCIS noted that the U.S. immigration system is generally designed to require temporary visa holders to return to their home countries once the purpose of their visit has been fulfilled. However, immigration officials will evaluate each application individually, taking specific circumstances into account (on a case-by-case basis). This means that the new Green Card regulations will not be applied indiscriminately to everyone. An immigration officer will independently and separately review each applicant’s specific circumstances and supporting documentation.
The directive issued to immigration officials stipulates that certain factors must be strictly scrutinized during the application evaluation process. These factors include—violations of visa conditions, overstaying the authorized period of admission, engaging in unauthorized employment, resorting to fraudulent practices, and whether the applicant strictly adhered to the conditions imposed upon their entry into the United States. However, USCIS has acknowledged certain exceptions. Among these are specific visa categories that permit “dual intent”—meaning that certain temporary visa holders are legally permitted to reside in the United States while simultaneously seeking permanent resident status, or a Green Card. The agency clarified that these categories do not guarantee the issuance of a Green Card. Furthermore, this policy does not alter Congress’s expectation that foreign nationals must depart the United States once the purpose of their visit has been fulfilled. The agency further stated that these new and revised guidelines will free up the necessary personnel and resources to devote increased attention to processing other immigration cases.
Concerns Raised Over Risks to Immigration Applicants; Human Rights Groups Condemn Move
Organizations dedicated to protecting immigrants’ rights have sharply criticized this government measure. They warned that, as a result of this rule, many vulnerable individuals could be forced to return to their home countries—and into precarious or unstable situations—while awaiting a decision on their Green Card applications.
HIAS, a non-profit organization that assists refugees and other immigrants, stated that this policy could adversely affect victims of human trafficking, as well as abused and neglected children. This is because they, too, would now be required to leave the United States in order to complete certain stages of the permanent residency process.
This directive represents the latest step in the Trump administration’s broader effort to tighten U.S. immigration laws and restrict opportunities for long-term residency within the country.
Prior to this, last year, the Trump administration took steps to shorten the validity periods of visas for certain students, cultural exchange visitors, and media professionals. In January, the U.S. Department of State announced that more than 100,000 visas have been revoked since President Trump took office.
