U.S. Citizenship and Immigration Services announced on Friday, August 22, that foreign nationals temporarily in the United States who want a green card must return to their home country to apply, except in "extraordinary circumstances." The change potentially affects hundreds of thousands of green card applicants each year and upends more than half a century of practice allowing people already in the U.S. legally to complete the permanent residence process without leaving.

For over five decades, foreign nationals with legal status — including spouses of U.S. citizens, work and student visa holders, refugees and asylum seekers — could apply for and complete green card processing inside the United States. USCIS announced the reversal on its website and issued a more detailed policy memo for agency staff who decide these cases. Immigration experts reviewing the memo found it more nuanced than the public announcement, creating confusion about what the change actually requires.

The announcement marks a pivot by the Trump administration toward restricting legal immigration pathways, after focusing since 2024 mostly on migrants in the U.S. illegally.

"This is simply an attempt to try to limit and scare people away from the legal immigration process," immigration attorney Charles Kuck said. He added that he expects legal action against the change. "This is a scare tactic."

Who may be affected

In response to questions from The Associated Press, the Department of Homeland Security said Wednesday the shift would not prevent anyone "who legitimately and properly" qualifies from obtaining a green card, though some people will now have to apply overseas through the State Department. The department said the policy would have "no noticeable impact on highly qualified applicants and skilled professionals who have followed the law."

Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, said the guidance may target people who overstayed their visas — for example, the parent of a U.S. citizen who remained after a visa expired, an employee who transferred to the U.S., or people on visas for clergy and other religious workers.

"It seems like maybe who they're targeting is potentially those whose period of stay lapsed while they were here," she said.

Kevin Miner, a partner with the immigration law firm Fragomen, said he expects people on employment-based visas such as H-1Bs to be exempt. These are known as dual-intent visas, allowing holders of nonimmigrant status in the U.S. to pursue a green card. The memo specifically mentioned dual-intent visas as possible exceptions.

"Those probably are cases that will continue to proceed business as usual and that we won't see a significant impact," Miner said, noting the Friday announcement took people by surprise.

Matthew Soerens, U.S. director of church mobilization for World Relief, said language in the memo referring to cases where immigrants must adjust status inside the U.S. gives his organization "hope" and "expectation" that refugees are not covered. Refugees must complete green card processing one year after arriving in the U.S. and cannot return home because of the risks they would face there. Soerens added that people admitted under humanitarian parole — a program the Biden administration dramatically expanded — could also be affected.

The law firm Boundless Immigration, in its interpretation of the policy, said officers are being instructed to "apply existing discretionary standards more rigorously" but suggested the policy does not completely stop the adjustment-of-status process for "eligible applicants" depending on their visa category.

Changes already visible in interviews

The American Immigration Lawyers Association reported that several people in green card interviews under the new guidance faced questions on Tuesday that examiners had not previously asked. One applicant seeking a green card through marriage to a U.S. citizen was asked why they applied from within the U.S. instead of at an embassy in their home country, whether any factors prevented them from applying abroad, and whether they still had family there.

Another applicant was told to file a form demonstrating why they should be allowed to apply from the U.S., with evidence — such as a 2025 tax return, an employer letter stating salary, and bank statements — proving they would not become a financial burden or "public charge."

Immigration attorney Flavia Santos Lloyd said the policy is already slowing cases. "It has a chilling effect because we have some cases that we were going to proceed and I can tell already, we should wait and see what's going to happen," she said. She also believes the policy will deter some companies from pursuing green cards for employees. "I don't want everybody to panic," she added. "My advice to them is wait and see."

Dalal-Dheini said the exceptions and nuances make general guidance difficult: "It's going to be a very case by case specific thing."

Applicants should consult the official USCIS policy memo and, where applicable, a licensed immigration attorney for their specific circumstances, as implementation details and exceptions remain unclear.