The Trump administration has announced a major immigration policy shift that could force many immigrants already living in the US to leave the country before applying for permanent residency.
The new policy, unveiled Friday through a memo issued by US Citizenship and Immigration Services (USCIS), is part of President Donald Trump’s effort to tighten legal immigration pathways alongside his ongoing crackdown on undocumented immigration.
What changes under the new policy?
Currently, many immigrants who are already in the US legally, including students, tourists, temporary workers and spouses of US citizens, can apply for permanent residency through a process known as “adjustment of status.”
This allows eligible applicants to obtain a green card without leaving the country.
Under the new USCIS guidance, however, officials are being instructed to treat adjustment of status as an “extraordinary” measure rather than a standard pathway.
In most cases, immigrants seeking permanent residency will now be expected to return to their home countries and complete the visa process at a US consulate abroad.
USCIS spokesperson Zach Kahler said in a statement that the policy would ensure the immigration system works “as the law intended instead of incentivizing loopholes.”
“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” Kahler added.
Who could be affected?
According to current and former immigration officials quoted by CBS News, the changes could impact a broad range of immigrants, including temporary visa holders, international students, tourists and individuals who overstayed their visas after entering legally.
Immigrant spouses of US citizens are expected to be among the groups most heavily affected.
Doug Rand, a former USCIS official under the Biden administration, told CBS News that nearly half a million people receive green cards each year through adjustment of status applications.
“The primary impact of this appears to be to make it difficult or impossible for very large numbers of US citizens to get on with their lives with the people they’ve chosen to marry who came here legally,” Rand said.
Why critics are concerned
Experts warn the new policy could leave many applicants stranded outside the US because of other immigration restrictions already in place.
Citizens from dozens of countries currently face travel bans or visa restrictions under Trump administration policies. In addition, immigrants who overstayed visas may trigger automatic 10-year bans from reentering the US once they leave the country.
Michael Valverde, a former USCIS senior official who served under both Republican and Democratic administrations, described the move as “largely unprecedented.”
“People who followed the rules faithfully now face tremendous uncertainty,” Valverde told CBS News.
The USCIS memo suggests certain immigrants, including refugees, asylees and some H-1B visa holders, may still be allowed to apply for green cards while remaining in the US.
