The Trump administration on Friday announced a sweeping change to the way foreign nationals already living in the United States can apply for permanent residence — green cards — requiring most of them to leave the country and submit their applications from their home nations. The policy, announced by U.S. Citizenship and Immigration Services, marks a break from more than 50 years of practice under which individuals with valid legal status could adjust their status without departing the U.S.
The new rule applies broadly. It covers foreign nationals who are in the United States temporarily on work or student visas, those married to American citizens, refugees, and political asylum seekers. The USCIS announcement said that foreigners who want to become lawful permanent residents “have to return home and apply there,” except when the agency determines “extraordinary circumstances” exist. The agency did not specify what would qualify as extraordinary, and officers would decide on a case-by-case basis.
The change came as a surprise to immigration lawyers and advocacy groups, who said it would disrupt the lives of hundreds of thousands of people who had been following a well-established path to permanent residence. For many applicants — particularly those from countries with long visa processing delays or dangerous conditions — having to return home could mean extended separations from family in the U.S., lost employment, or exposure to harm.
The administration did not cite a specific legal authority for the shift beyond its general authority over immigration. The USCIS announcement did not include a transition period or explain how the change would be implemented for pending applications.