US Policy Change Requires Immigrants to Apply for Green Cards Abroad

On Friday, the Trump administration announced a significant change to longstanding immigration policy. Foreign nationals in the U.S. who wish to apply for permanent residency now need to return to their home country to submit their applications.

For over fifty years, individuals with legal status in the United States, including spouses of U.S. citizens, work and student visa holders, refugees, and political asylum seekers, have been able to apply for and complete the permanent residency process domestically. The U.S. Citizenship and Immigration Services (USCIS) stated that foreigners temporarily in the U.S. must apply from abroad, except in “extraordinary circumstances” as decided by USCIS officials. This policy is part of the Trump administration’s efforts to restrict legal immigration.

Doug Rand, a former senior USCIS advisor during the Biden administration, explained the intention behind the policy. Officials have expressed a desire to reduce the number of people obtaining permanent residency, as it leads to citizenship. Around 600,000 people in the U.S. apply for a green card annually. The USCIS announcement lacks clarity on several points: when the change will take effect, whether applicants must stay in another country during the process, and if it affects individuals whose permanent residency applications are already underway.

USCIS also indicated that individuals who “provide an economic benefit” or serve “national interests” may be able to stay in the country. Others would need to apply from abroad. The announcement coincides with existing measures that limit the entry of individuals from many countries.

“If families are told that the non-citizen member must return to their home country to process an immigrant visa, but visas are not being processed there, it creates an impasse,” stated World Relief, a humanitarian organization.

Confusion surrounds the scope of the policy change. USCIS insists the change aligns with the “original intent of the law” and addresses a “loophole.” Immigration lawyers contest this, citing safety concerns and absent U.S. embassies as reasons individuals cannot return home.

The closure of the U.S. Embassy in Afghanistan since August 2021 is one example, as noted by Shev Dalal-Dheini, senior director of government relations for the American Immigration Lawyers Association.

These changes could impact spouses of U.S. citizens, immigrants with humanitarian protection, work visa holders—including medical and other professionals—student visa holders, and religious workers.

Delays at U.S. consulates abroad could extend to over a year. Immigration attorneys examined policy documents to determine the affected groups.

Legal aid and immigrant service organizations report client concerns about the policy’s implications. Jessie De Haven, senior attorney at the California Immigration Project, stated uncertainty about implementation and possible deterrent effects on applications.