Thousands of foreign nationals already living legally in the United States will now be forced to leave the country and apply for green cards from their home nations under a sweeping policy change announced Friday by U.S. Citizenship and Immigration Services, upending decades of practice that allowed temporary visa holders to transition to permanent residency without leaving families, jobs, and communities behind.
The agency said the change applies to foreigners who are in the U.S. temporarily and want to become lawful permanent residents, except in extraordinary circumstances, and that USCIS officers will decide whether applicants meet those circumstances. The announcement was made on Friday, May 22, 2026, marking a major shift from longstanding policy that had allowed many foreign nationals with legal status to complete the permanent-residence process inside the United States.
Who Bears the Burden
Critics said many overstays have U.S. citizen spouses or children, pay taxes and fill labor shortages and would face long processing delays and humanitarian concerns if removed from the country. The policy threatens to separate families and disrupt the lives of students, temporary workers, and others who have built lives in American communities while following legal pathways.
USCIS spokesperson Zach Kahler said, "We're returning to the original intent of the law to ensure aliens navigate our nation's immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes."
Administrative Rationale and Enforcement Questions
Kahler also said that when noncitizens 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. He said, "Nonimmigrants, like students, temporary workers or people on tourist visas, 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. Their visit should not function as the first step in the green card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications and other priorities. 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."
The announcement said it was unclear whether Immigration and Customs Enforcement will begin deporting green card applicants, leaving thousands in legal limbo about whether they face immediate removal.
Broader Immigration Restrictions
The Trump administration said the position is that when noncitizens travel into the country on student visas, tourist visas or temporary work status, they are supposed to leave once that term expires and that temporary permission to be in the U.S. should not serve as the first step toward getting a green card. Officials said the policy reflects the original intentions of the law, though lawsuits and litigation are expected to follow. AP News said the move was part of the Trump administration's broader effort to make legal immigration more difficult for foreigners already in the U.S. and for those hoping to come.
The American Civil Liberties Union did not immediately respond to a request for comment. Maye Musk reacted on X by recounting her own green card process as a Canadian immigrant. She wrote, "When I wanted to get my green card, I had to have numerous vaccinations, health tests and a lung x-ray. Because I was Canadian, I had to fly to Montreal to have a lung x-ray again to confirm that it's the same person. However, when the x-ray had to be delivered to me at my friend's home, the delivery truck was stuck on a bridge because of thick ice. I had to stay an extra day. Nothing was easy. It took another five years before I could get citizenship. Worth it."
Fox News published its report at 1:49 p.m. EDT that day.
Why This Matters:
The policy change affects thousands of foreign nationals who have built lives in the United States while maintaining legal status, including those with U.S. citizen family members, taxpaying workers filling critical labor needs, and students who contribute to American institutions. Critics warn that forcing these individuals to leave creates humanitarian concerns, separates families, and imposes long processing delays that could strand applicants abroad for months or years. The uncertainty over whether Immigration and Customs Enforcement will begin deportations leaves legal residents in fear of sudden removal from jobs, homes, and communities. As lawsuits are expected to challenge the policy, the human cost falls on individuals who followed legal pathways but now face exile from the country where they have established their lives, highlighting tensions between restrictive enforcement and the realities of families and communities shaped by immigration.