Overview

The USCIS said that people who can demonstrate “economic benefit” or “national interest” to the US may be allowed to apply for a green card from within the country, while others may be directed abroad based on individual circumstances.

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After facing public backlash and widespread confusion over a new policy change announced on May 22, U.S. authorities clarified that green card applicants are not required to leave the country while their applications are being processed. The clarification, reported by the New York Times and Newsweek, who spoke to DHS spokespersons, aims to reassure applicants and address concerns sparked by earlier guidance that many feared could disrupt families and legal immigration pathways.

The new policy change by the Trump administration stated that immigrants living legally in the United States would have to leave the country to complete their permanent residency application process unless they qualify for an exception based on extraordinary circumstances. Immigration officers were directed to review each case individually to determine whether an exemption applies.

The unexpected change caused concern among immigrant advocacy groups, immigration lawyers, and affected families. Opponents of the policy warned that it could separate spouses, parents, and children for extended periods. They said that the new policy memo from U.S. Citizenship and Immigration Services (USCIS) departs from long-standing immigration practices and could lead to family separations. Immigrants from more than 100 countries affected by the Trump-era visa and travel restrictions, including several countries in Asia, could face separations lasting years or even indefinitely.

The policy change is part of a broader shift by the Trump administration to restrict legal immigration pathways, say advocates. Since last year, the administration has focused largely on migrants living illegally in the US, but it is now expanding efforts to include legal immigration processes as well.

Bera Opposes Changes to Green Card Policy

In a statement, U.S. Representative Ami Bera, M.D. (CA-06) criticized the change to the green card processing policy.

“I strongly oppose the Trump administration’s disruptive decision to require many students, temporary visa holders, and other individuals seeking green cards to leave the United States and return to their home countries while their applications are processed,” Bera said. “This policy creates unnecessary fear and uncertainty for families, workers, and employers who are following the law.”

He said the administration is overlooking that many applicants are in the country legally and are already waiting in a backlogged system.

“America has long benefited from attracting top researchers, doctors, engineers, entrepreneurs, and innovators through our legal immigration system and worker visa programs,” he said. “Forcing these individuals to leave the United States during the green card process will deprive our country of their innovation, their tax contributions, and the many ways they strengthen our economy and communities.”

A walk back on the new policy

A week after announcing the new policy memo, the Department of Homeland Security (DHS) appeared to walk back part of the policy, stating that only some green card applicants would have to return home to seek permanent residency. The clarification came after the May 22 policy change confused H-1B workers, employers, and immigration attorneys.

USCIS told the Associated Press (AP) that people who can demonstrate “economic benefit” or “national interest” to the US may be allowed to apply for a green card from within the country, while others may be directed to apply abroad based on individual circumstances.

According to the New York Times, DHS said there was no major policy change and that most green card applicants can continue living in the United States while their applications are being processed. The agency emphasized that decisions will still be made on a case-by-case basis. A DHS spokesperson said the clarification was just a reminder of discretionary powers that officers have always had.

A senior White House official described the memo as a ‘housekeeping’ measure, not a new immigration strategy. The official added that factors such as visa backlogs and public assistance usage could still influence individual decisions.

Questions remain

The New York Times reported that about 1.4 million green cards were granted in 2024. Nearly 820,000 were approved through adjustment of status, which lets eligible immigrants apply for permanent residency without departing the country.

The clarification marks a significant shift from how last week’s guidance was widely interpreted.

Experts say applicants can still use the adjustment of status process, but questions remain about how immigration officers will handle individual cases. According to AP, the American Immigration Lawyers Association reported that some people attending green card interviews under the new guidance were asked new types of questions that had not been asked before.

In one case, a person applying for a green card through marriage to a U.S. citizen was asked why they chose to apply for adjustment of status in the United States instead of returning to their home country to apply at a U.S. embassy. They were also asked whether anything would prevent them from applying from their home country and whether they still had family there.

In another case, an applicant was asked to submit a form explaining why they should be allowed to apply from within the United States. They were told to provide evidence showing they would not become a financial burden or “public charge,” including documents such as a 2025 tax return, an employer letter confirming salary, and bank statements.

An immigration attorney at the American Immigration Lawyers Association told AP that they had emailed corporate and individual clients that the firm is monitoring the situation for further updates to offer more guidance when it becomes available. The attorney added that the policy could discourage some companies from sponsoring green card applications for their employees.

Rep. Bera said that, as the son of Indian immigrants, he believes the U.S. should reduce delays and improve the immigration system rather than add barriers for legal applicants.

“I support legal challenges to this policy and expect the courts to halt its implementation,” he said.