The Trump administration has announced a sweeping change to green card processing, requiring immigrants currently in the United States on temporary visas to return to their home countries to apply for permanent residency. The policy, issued by U.S. Citizenship and Immigration Services (USCIS), is expected to disrupt the lives of millions of applicants and their families.
New Guidance Shifts Status Adjustment Process
According to a statement from USCIS spokesman Zach Kahler on Friday, the agency is reverting to the original intent of immigration law. "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," Kahler said. The guidance explicitly states that "aliens seeking adjustment of status" must do so "outside of the country."
This policy applies to a wide range of temporary visa holders, including spouses and family members of U.S. citizens, as well as foreign workers on H-1B visas. Previously, many such individuals could apply for a green card without leaving the U.S., a process known as adjustment of status. Under the new rules, dual intent—the ability to hold a temporary visa while pursuing permanent residency—will no longer be sufficient to remain in the country during processing.
Legal and Humanitarian Concerns
Critics argue that the policy violates congressional intent and will cause severe hardship. David J. Bier, director of immigration studies at the Cato Institute, called the move "impossible to explain how stupid and evil this policy is. It's intended to cost people their jobs and their families." He noted that federal law does not classify adjustment of status as extraordinary relief, contrary to USCIS's assertion.
The policy also triggers a 10-year re-entry bar for those who have been in the U.S. without status for more than a year, potentially trapping green card applicants in prolonged exile. The USCIS backlog has surged from 3.5 million pending cases in 2016 to 11.6 million in 2025, leaving many in limbo.
Enforcement and Backdrop
The change is part of a broader crackdown under Trump-appointed USCIS Director Joseph Edlow. The agency has transformed into a law enforcement tool, targeting not only undocumented immigrants but also those with legal status. Internal data from The New York Times reveals that at least 50 green card holders face deportation through a new enforcement unit, with tens of thousands more under review.
Simultaneously, the Trump administration promotes its "gold card" program, offering expedited green cards for a $1 million payment. Despite Commerce Secretary Howard Lutnick's claim of 200,000 applicants in February 2026, fewer than 400 have applied, and only 165 have paid the processing fee. A federal lawsuit challenges the program as an illegal revenue scheme.
Kahler defended the policy, stating it "reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency." However, immigration advocates warn that the policy will upend families and businesses, forcing law-abiding applicants to choose between their jobs and their loved ones.
