The Trump administration announced Friday that people holding temporary visas who want to obtain green cards must now return to their home countries to apply through consular processing. The policy change ends a longstanding practice that allowed immigrants to adjust their status while remaining in the United States, affecting an estimated 500,000 people who typically apply for permanent residency from within the country each year.
U.S. Citizenship and Immigration Services spokesperson Zach Kahler confirmed the new requirement, which applies to students, temporary workers, and tourists on non-immigrant visas. The State Department will handle green card cases at U.S. consular offices abroad under the new system.
What the administration announced
According to USCIS spokesperson Zach Kahler, the policy fundamentally changes how people on temporary visas can pursue permanent residency in the United States.
“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,” Kahler stated.
The administration justified the change by arguing it would help reduce unauthorized immigration. Kahler explained the reasoning behind the policy shift: “When aliens 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.”
The spokesperson further clarified the administration’s position on how temporary visas should function: “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.”
Who is affected by the change
The new requirement applies to individuals currently in the United States on non-immigrant visas, including:
Students attending American universities and colleges on student visas who wish to remain permanently after their studies would now need to return to their home countries to apply for green cards.
Temporary workers employed at U.S. companies who seek to transition to permanent residency face the same requirement under the new policy.
Tourists visiting the United States who might otherwise have been eligible to adjust their status must also return home to apply.
In a typical year, approximately 1 million people apply for green cards. Of those applicants, about half, or 500,000 people, apply from within the United States to change their immigration status. These are the individuals directly impacted by the policy announcement.
The administration indicated that exceptions would exist only for extraordinary circumstances, though specific details about what qualifies as extraordinary were not provided in the announcement.
What we know so far
The policy was announced on Friday, May 22, 2026. The Trump administration has confirmed that temporary visa holders must return to their home countries to apply for permanent residency through U.S. consular offices abroad.
The change ends a practice that previously allowed people on temporary visas to adjust their status without leaving the United States. This affects people who entered the country legally and followed existing immigration procedures.
The administration has also banned people from over 100 countries from returning to the U.S., a factor that critics say compounds the impact of this new green card requirement.
The announcement did not specify an effective date for when the new policy takes effect, nor did it provide details about how pending green card applications will be handled.
Criticism from former officials and advocates
The policy announcement drew immediate criticism from immigration experts and humanitarian organizations.
Doug Rand, a former USCIS official, characterized the policy as intentionally restrictive. “The purpose of this policy is exclusion,” Rand stated. “Remember that Trump has banned people from over 100 countries from returning to the U.S., so forcing them to go abroad for consular processing is no pathway at all.”
Rand’s criticism highlights that for individuals from banned countries, the requirement to return home for consular processing could effectively eliminate their ability to obtain permanent residency, since they would be unable to return to the United States after leaving.
Myal Greene, President and CEO of World Relief, a Christian humanitarian organization, condemned the policy in stronger terms, focusing on its impact on families.
“This policy, impacting individuals who meet the legal requirements for a green card, will force apart husbands from wives and children from their parents,” Greene said. “There’s simply no compelling reason for this cruel, anti-family policy change, and I hope and pray it will be reversed, whether by administrative reconsideration, congressional action or the courts.”
Greene emphasized that the policy affects people who already qualify legally for green cards, not individuals attempting to circumvent immigration law.
What happens next
The State Department will handle green card cases at U.S. consular offices in applicants’ home countries under the new system. However, several key details remain unclear.
The announcement did not specify when the new requirement takes effect. Implementation timelines were not provided by USCIS or the administration.
It remains unknown how the policy will affect green card applications that are currently pending or in process. The administration has not clarified whether people who have already submitted applications under the previous system will be required to leave the country.
The specific definition of extraordinary circumstances that would allow exceptions to the home country requirement was not detailed in the announcement.
Critics have suggested the policy could face legal challenges, congressional action, or administrative reconsideration, though no specific legal challenges have been filed or announced at this time.
Important details for affected individuals
People currently in the United States on temporary visas who are considering applying for green cards should be aware of the following confirmed information:
The policy applies to non-immigrant visa categories including student visas, temporary work visas, and tourist visas. All holders of these visa types who wish to obtain permanent residency would need to apply from their home countries.
Applications will be processed through U.S. consular offices abroad rather than within the United States.
Exceptions may be granted in extraordinary circumstances, though the criteria for such exceptions have not been publicly defined.
For individuals from any of the more than 100 countries currently banned from returning to the United States, the requirement to leave for consular processing presents additional complications, as they may be unable to re-enter the country.
Frequently asked questions
Do I have to leave the U.S. to apply for a green card now?
According to the Trump administration announcement, people on temporary visas must return to their home countries to apply for green cards through consular processing, except in extraordinary circumstances. The specific effective date was not announced.
Who is affected by the new green card policy?
The policy affects students, temporary workers, and tourists on non-immigrant visas who wish to obtain permanent residency. Approximately 500,000 people typically apply for green cards from within the United States each year.
Are there any exceptions to the home country requirement?
USCIS spokesperson Zach Kahler stated exceptions exist for extraordinary circumstances, but the administration has not publicly defined what qualifies as an extraordinary circumstance.
What happens to pending green card applications?
The administration has not clarified how the policy affects green card applications that are currently pending or in process.
The policy represents a significant change to how the United States handles permanent residency applications from people already in the country on temporary visas. Affected individuals should monitor official announcements from USCIS and the State Department for additional guidance on implementation timelines and procedures.
