Visa PolicyEntry PF-530661 · Page 06 · Stamped OCT 10, 2026

USCIS Orders Green Card Applicants Inside US to Apply From Abroad

USCIS said Friday that temporary residents seeking green cards must now apply from outside the US, ending more than 60 years of in-country adjustment and affecting over 1 million pending applicants.

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  • USCIS issued the policy on Friday in a memo requiring temporary residents inside the US to apply for green cards from abroad via the State Department.
  • The change ends a process that had remained unchanged for more than 60 years.
  • More than 1 million immigrants in the US are currently waiting on their green cards, per Cato Institute analyst David J. Bier.
  • DHS stated: 'An alien who is in the US temporarily and wants a Green Card must return to their home country to apply.'
  • In January, the State Department announced it had revoked more than 100,000 visas during the second Trump administration.

USCIS announced on Friday that foreigners living temporarily in the United States who want a green card must now apply from outside the country through the State Department, ending more than 60 years of in-country "adjustment of status."

The agency issued the change in a policy memo directing officers to weigh case-by-case factors when deciding whether extraordinary relief applies. The Department of Homeland Security, which oversees USCIS, framed the move in blunt terms.

"An alien who is in the US temporarily and wants a Green Card must return to their home country to apply," DHS said in a statement.

"This policy allows our immigration system to function as the law intended instead of incentivizing loopholes," the department added.

Who is affected by the new rule?

More than 1 million immigrants in the US are currently waiting on their green cards, according to David J. Bier, an analyst with the Cato Institute.

The shift applies to applicants who would previously have used "adjustment of status," the path that lets non-citizens already on US soil file from within the country. Consular processing at a US embassy abroad now becomes the default for most temporary residents.

What does the change mean in practice?

For decades, applicants living in the US on student, work, or tourist visas could file Form I-485 and remain stateside while their case advanced.

Under the new policy, those applicants will probably need to leave the United States and wait abroad. Practical fallout includes:

  • Separation from US-citizen family members during an undefined processing window
  • Job disruption for applicants on employment-based visas
  • Re-entry bars triggered by extended overseas stays
  • Loss of in-country work authorization mid-application
  • Renewed danger for trafficking survivors who must return to their countries of origin

What happens to pending cases?

USCIS has not clarified how officers will handle green card applications already in the pipeline. The agency faces a backlog of visa and green card cases measured in the millions. Adding a consular step for cases that previously would have been adjusted internally will probably lengthen wait times further.

Who has criticized the move?

HIAS, a refugee aid organization, accused USCIS of forcing survivors of trafficking and abused or neglected children to return to the dangerous countries they fled in order to process their green card applications.

Immigration attorneys and policy analysts echoed the concern. They warned that mixed-status families nationwide will face forced separations of unknown length, leaving jobs, homes and relationships behind.

Where does this fit in the broader agenda?

The Friday memo continues a year-long tightening of legal immigration under President Donald Trump. In January, the State Department announced it had revoked more than 100,000 visas during the second Trump administration. The administration earlier shortened the validity period for student, cultural exchange, and media visas.

Separately, the administration has moved against refugees and other protected immigrants, categories that include people with formal legal status in the United States.

What should applicants do now?

Anyone currently inside the US on a temporary visa who is weighing a green card application should consult a licensed immigration attorney or a Department of Justice-accredited representative before taking any step. The USCIS policy memo and the State Department's Bureau of Consular Affairs website remain the official channels for guidance.

via theguardian.com (Original)

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Market editor covering industry trends and analytics at Passport File.

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