WASHINGTON — The Trump administration has announced a major immigration policy shift requiring most foreign nationals in the United States on temporary visas to leave the country and apply for green cards through U.S. consulates abroad.
U.S. Citizenship and Immigration Services said the new guidance applies to non-immigrant visa holders, including students, temporary workers and some visitors, who are seeking lawful permanent residence. The agency said such applicants should generally pursue their green card cases through the State Department outside the United States, except in “extraordinary circumstances.”
The change marks a sharp departure from a long-standing process known as adjustment of status, which has allowed eligible immigrants already in the United States to apply for permanent residence without leaving the country. That route has been used for decades by people married to U.S. citizens, employment-based applicants, students, workers, refugees and asylum seekers.
USCIS said temporary visa holders are admitted for a limited purpose and should not treat their stay as the first step toward permanent residence. The agency said shifting more cases to consular processing would preserve immigration integrity, discourage overstays and allow USCIS to focus resources on other priorities.
The Department of Homeland Security described the move as an effort to restore the original intent of immigration law. But immigration lawyers and advocacy groups warned that the policy could disrupt hundreds of thousands of families, workers and employers, while creating uncertainty for people who have already started the green card process.
Critics said forcing applicants to leave the United States could separate families, interrupt jobs and education, and expose some people to danger if they must return to countries affected by conflict, persecution or travel restrictions. Aid groups also warned that vulnerable applicants, including trafficking survivors and abused children, could face serious harm if required to continue their cases abroad.
It remains unclear when the policy will take full effect, how pending applications will be handled, and how USCIS officers will define “extraordinary circumstances.” Immigration attorneys expect legal challenges, arguing that adjustment of status is a lawful process created by Congress rather than an administrative loophole.
The announcement is part of a broader Trump administration effort to tighten legal immigration pathways, including increased visa scrutiny, shorter visa durations for some categories and expanded enforcement actions.
For temporary visa holders hoping to become permanent residents, the new guidance introduces a major complication: applying for a green card may now require leaving the United States first, with no guarantee of a quick return.
