Foreign nationals in the United States seeking green cards will now be required to leave the country and apply from abroad under a Trump administration policy announced on Friday, 22 May 2026 by US Citizenship and Immigration Services (USCIS), according to BBC and Associated Press reporting. The change applies to temporary visa holders, including students, workers and family-based applicants, and has triggered confusion among immigration lawyers, aid groups and affected immigrants.
The announcement marks a shift in how permanent residency applications are handled, revising a process that for decades allowed eligible applicants already living legally in the United States to complete green card procedures from within the country.
USCIS issued the guidance through a policy memorandum to immigration officers rather than a formal legislative change, framing it as a reinterpretation of existing immigration law and a return to the 'original intent' of the system.
For over half a century, foreign nationals legally present in the US have been able to apply for permanent residency without leaving the country through the 'adjustment of status' system, filing Form I-485 under Section 245 of the Immigration and Nationality Act. This has included spouses of US citizens, workers, students, refugees and other family-preference applicants.
Under the new guidance, most temporary visa holders must now apply from their home countries unless they qualify under undefined 'extraordinary circumstances,' which USCIS officers will determine on a case-by-case basis.
The agency said non-immigrants such as students, temporary workers and tourists enter the US for specific purposes and are expected to leave once their authorised stay ends, adding that their visit should not function as the starting point for a green card application.
Officials have not cited specific fraud cases tied to adjustment-of-status applications, but reporting by BBC notes the policy has been framed as closing a perceived 'loophole' and strengthening vetting standards. Immigration lawyers argue no evidence has been presented showing widespread abuse of the system.
The policy comes alongside broader immigration tightening introduced earlier in 2026, includingexpanded visa restrictions announced by the US State Department targeting individuals linked to foreign adversariesin the Western Hemisphere.
USCIS and the Department of Homeland Security have rejected claims that the measure is intended to reduce legal immigration, saying instead that it restores statutory intent and strengthens enforcement. Reporting cited by Al Jazeera notes officials argue temporary visa holders should not automatically transition into permanent residency without leaving the United States.
Critics, however, see a wider shift. Doug Rand, a former senior USCIS adviser, said the policy reflects a broader effort to limit access to permanent residency pathways.
Source: International Business Times UK
