The Trump administration has announced a new policy requiring immigrants seeking green cards to leave the United States and apply from their home countries, a move that could disrupt millions of applicants currently in the process. The U.S. Citizenship and Immigration Services (USCIS) issued guidance stating that 'aliens seeking adjustment of status' must do so 'outside of the country,' except in extraordinary circumstances.
USCIS spokesman Zach Kahler said the policy returns to 'the original intent of the law' and ensures immigrants navigate the system properly. However, critics argue it will separate families and cause job losses. David J. Bier, director of immigration studies at the Cato Institute, called the policy 'stupid and evil,' noting it forces people who qualify to stay permanently to leave.
The policy applies to spouses and family members of U.S. citizens who have overstayed visas, as well as foreign worker visa holders like H-1B recipients. Federal law already bars those unlawfully present for over a year from re-entering for 10 years, and the new guidance could trigger similar waiting periods for adjustment applicants.
Refugee advocacy group HIAS warned the policy could force thousands to wait years abroad for green cards. CEO Beth Oppenheim said it 'echoes again and again the notion that no one is permanent here.' The USCIS backlog has tripled from 3.5 million cases in 2016 to 11.6 million in 2025, leaving many in legal limbo.
Kahler stated the policy reduces the need to find and remove those who remain illegally after being denied residency. The move is part of broader Trump administration efforts to target legally present immigrants, including attempts to strip Temporary Protected Status from tens of thousands.
