U-turn on green cards? US says ‘return home’ rule not for all applicants

The US Department of Homeland Security (DHS) has sought to ease concerns over a recent immigration directive, clarifying that most green card applicants will not be required to leave the United States while their permanent residency applications are under review.

The clarification came just a week after a statement from US Citizenship and Immigration Services (USCIS) triggered anxiety among immigrants, employers and immigration attorneys by suggesting that individuals seeking permanent residency would need to return to their home countries during the processing period, except in ‘extraordinary’ circumstances.

According to a report by The New York Times, DHS has now said there has been no sweeping change in policy. The department noted that immigration officers have long had the discretion to decide, on a case-by-case basis, whether an applicant should complete the green card process from outside the US.

The latest explanation marked a significant softening of the message conveyed in last week’s announcement, which many interpreted as a major departure from existing procedures. Under the current system, eligible immigrants can apply for permanent residency through a process known as “adjustment of status”, allowing them to remain in the United States while their applications are being processed.

Applicants are typically sponsored by an employer or a close family member.

The controversy began after USCIS spokesman Zach Kahler said that, as part of President Donald Trump’s immigration crackdown, individuals seeking permanent residency would be required to return to their countries of origin during the approval process.

“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,” Bloomberg quoted Kahler as saying.

“This policy allows our immigration system to function as the law intended instead of incentivising loopholes. 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 US illegally after being denied residency,” he added.

The statement sparked widespread concern across immigrant communities and among businesses that rely on foreign workers.

In 2024, approximately 1.4 million green cards were issued, with a substantial number granted through adjustment of status applications filed from within the United States. Last week’s directive appeared to challenge that long-standing practice by indicating that applicants would generally need to complete the process abroad unless they qualified for rare exceptions.

However, DHS has now clarified that the policy remains largely unchanged. A department spokesperson told NYT that immigration officers will continue to determine individually whether an applicant must pursue permanent residency from outside the country, a provision that already existed under previous rules.

Kahler had also earlier offered a clarification, stating that applicants who provide “an economic benefit or otherwise are in the national interest” could be allowed to remain in the United States while their cases are being processed.

The May 21 memorandum had particularly alarmed holders of F-1 student visas and tourist visas, many of whom feared they could be forced to leave the country despite having pending residency applications.

H-1B visa holders were also left uncertain by the announcement. Indians account for nearly 70 per cent of all H-1B visa recipients, making the issue especially significant for the Indian community in the US. However, reports indicate that H-1B workers are expected to receive substantial protection under the clarified framework.

That is largely because the H-1B programme operates under the principle of “dual intent”, which permits visa holders to work in the United States on a temporary basis while simultaneously pursuing permanent residency. Immigration experts believe this provision makes H-1B holders less vulnerable to any stricter interpretation of the green card process.

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