The Trump administration has implemented a new immigration policy mandating that foreigners seeking a green card must depart the United States and apply from their country of origin, a move poised to impact hundreds of thousands of applicants annually. This directive, announced by U.S. Citizenship and Immigration Services (USCIS) on Friday, explicitly states that nonimmigrants, including students and temporary workers, are expected to leave the nation once their authorized stay concludes. The policy signals a significant reassertion of national control over who may reside permanently within the country, challenging established pathways that have facilitated continuous presence for foreign nationals.
USCIS clarified that only individuals providing an economic benefit or serving a national interest would likely be permitted to apply from within the United States. This narrow exception underscores a shift towards prioritizing national welfare over individual convenience in immigration processes.
Immigration experts and firms, including Boundless Immigration, noted that the policy memo instructs officers to apply existing discretionary standards more rigorously. This interpretation suggests a tightening of enforcement rather than a complete overhaul of the adjustment of status process for all visa categories.
Attorney Flavia Santos Lloyd reported immediate concern among her clients, describing a “chilling effect” that has prompted her to advise a “wait and see” approach for ongoing cases. Attorney Charles Kuck characterized the policy as “simply an attempt to try to limit and scare people away from the legal immigration process,” adding that it is a “scare tactic” and predicting legal challenges.
Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, suggested the guidance may be targeting individuals who have overstayed their visas. This includes parents of U.S. citizens who remained after their visa expired, employees transferred to the United States, and those on visas for clergy or other religious workers, indicating a focus on addressing lapsed periods of stay.
Kevin Miner, a partner with Fragomen, an immigration law firm, anticipated that individuals on employment-based visas, such as H-1Bs, would likely be exempt. He noted that dual-intent visas were specifically mentioned in the memo as areas of possible exception, suggesting that these cases may continue without significant impact.
Reclaiming National Authority
Matthew Soerens, U.S. director of church mobilization for World Relief, expressed “hope” and “expectation” that the guidance would not apply to refugees. Refugees are mandated to complete green card processing a year after their arrival and cannot return to their home countries due to safety risks. The Trump administration has significantly reduced the number of refugees admitted into the United States this year, specifically limiting admissions to white South Africans.
Individuals who entered under humanitarian parole, including those with existing family in the United States or those married to a U.S. citizen, could also be affected by the new policy, according to Soerens.
Challenging the Open Border Lobby
Reports from the American Immigration Lawyers Association detailed new questions faced by green card applicants during interviews under the updated guidance. One applicant, seeking a green card based on marriage to a U.S. citizen, was questioned about their reasons for applying in the United States rather than their home country, potential obstacles to applying abroad, and family ties in their country of origin. Another applicant was required to submit a form demonstrating why they should be allowed to apply from within the U.S., with evidence expected to prove they would not become a financial burden or public charge, including a 2025 tax return, an employer letter detailing salary, and bank statements.
Attorney Lloyd also indicated that the policy is expected to deter some companies from pursuing green cards for their clients, signaling a potential shift in corporate reliance on foreign labor pathways.