The Trump administration is tightening rules for visitors and aliens in the United States on temporary visas who want to apply for a green card.
U.S. Citizenship and Immigration Services announced a new policy requiring them to return home and go through the process to obtain permanent residency.
In announcing the new guidance, USCIS said: “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.”
Under the new directive, nonimmigrants, paroled aliens, and visitors on temporary visas seeking an “adjustment of status” must do so through consular processing outside the country.
The U.S. Department of Homeland Security also shared the update, adding, “The era of abusing our nation’s immigration system is over.”
USCIS said it is applying long-standing immigration law and prior court decisions when processing applications for permanent residency, which grants immigrants the right to live and work permanently in the U.S. with a path to citizenship.
About 12.8 million green card holders live in the United States, according to estimates from the Office of Homeland Security Statistics.
The U.S. issued 1.36 million green cards during fiscal year 2024, 15.6% more than the previous year, and immigrants already in the country accounted for more new green cards than new arrivals.
USCIS Director Joseph Edlow emphasized in a post shared on social media that the Trump administration is reinforcing the distinction between temporary admission and permanent residence—as well as the process to achieve long-term legal status in the United States.
“Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants,” Edlow said in a statement to the Daily Caller.
Individuals seeking lawful permanent residency, otherwise known as a green card, would typically be required to return to their home country, complete screening procedures, and obtain a permanent visa through the State Department.
However, it has become common practice for many temporary visitors and nonimmigrants to arrive in the United States and never leave by applying for a green card.
“This policy allows our immigration system to function as the law intended instead of incentivizing loopholes,” said USCIS Spokesman Zach Kahler. “When aliens apply from their home country, 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.”
Kahler cited examples of nonimmigrants such as students, temporary workers, or people on tourist visas who come to the U.S. for a short time and for a specific purpose.
“Our system is designed for them to leave when their visit is over,” Kahler said. “Their visit should not function as the first step in the green card process.”
An adjustment of status processed domestically should only be granted in “extraordinary circumstances,” and immigration officers are to weigh all relevant factors on a case-by-case basis when determining whether someone qualifies for this type of administrative relief, USCIS shared in a policy memo to immigration officers.
Following the law and expectations of Congress, most permanent visa applications should be handled by the State Department at consular offices abroad.
The memo references Section 245(a) of the Immigration and Nationality Act and provides ample background on the policy, noting that Congress laid out a “detailed statutory scheme governing and limiting adjustment of status for aliens present in the United States.”
With limited exceptions, the statutory scheme indicates nonimmigrants should depart rather than pursue adjustment of status once in the U.S. “Such aliens are generally expected to pursue an immigrant visa and admission from outside the United States if they wish to reside permanently in this country,” the memo states.
In regards to paroled aliens, the memo states “Congress, in establishing the nonimmigrant admission and parole processes, made it clear that aliens are expected to depart the United States when the purpose of their admission or parole has been accomplished.”
Not only are they attempting to avoid the ordinary consular immigrant visa process when entering, but their adjustment of status request is usually “accompanied by their violation of our immigration laws,” the memo states.
Directing adjustment of status requests and green card applications back to U.S. consular offices also “frees up limited USCIS resources” to process other cases, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities, USCIS officials said.
“The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient,” Kahler said.
