The United States government has introduced a major change to its immigration process that will significantly affect foreign nationals living in the country on temporary visas and hoping to secure permanent residency or a Green Card.
Under the new policy issued by United States Citizenship and Immigration Services, most applicants will now be required to leave the United States and apply for permanent residency from their home country instead of completing the process while staying in America.
An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.
— Homeland Security (@DHSgov) May 22, 2026
This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
The era of abusing our nation’s immigration system is over. https://t.co/ofyEYGPDLC
The updated guidance marks a sharp shift in how the US handles Adjustment of Status (AOS), a process that previously allowed eligible foreign nationals already residing in the country to apply for a Green Card without travelling back home.
What Has Changed In The New Green Card Policy?
The USCIS has now reclassified Adjustment of Status as an “extraordinary form of relief”, meaning approvals will only be granted in rare and exceptional circumstances.
The decision affects a wide range of visa holders currently living in the United States, including:
- International students
- Tourists
- Temporary workers
- Non-immigrant visa holders planning long-term residency
Earlier, many applicants could remain in the US while their Green Card applications were processed. Under the revised framework, most individuals will instead have to complete consular processing through the US Department of State in their home country.
In its official statement, USCIS said:
“Aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country.”
The agency added that immigration officers would continue evaluating cases individually but clarified that AOS would now be considered only in limited situations.
USCIS Says Policy Restores ‘Original Intent’ Of Immigration Law
USCIS spokesperson Zach Kahler defended the move, saying the updated policy restores the original purpose of US immigration law.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler said.
According to him, temporary visa holders are expected to leave the country once their authorised stay expires unless exceptional circumstances apply.
He further argued that the previous system created loopholes that encouraged people to remain in the US even after visa-related complications.
“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” Kahler stated.
US Says New Process Will Reduce Illegal Overstay Cases
The USCIS also claimed the move would help reduce the number of people staying in the US unlawfully after residency applications are denied.
Officials argued that routing most applications through US embassies and consulates abroad would make immigration processing more efficient and reduce pressure on domestic immigration agencies.
Kahler said the revised process would allow USCIS to focus more resources on other priority immigration matters, including:
- Naturalisation applications
- Humanitarian immigration cases
- Visa petitions involving victims of violent crime
- Human trafficking-related cases
Policy Could Impact Thousands Of Indian Students And Workers
The policy change is expected to have a major impact on Indian nationals, particularly students and skilled professionals working in the US on temporary visas such as H-1B and F-1.
For years, many applicants relied on Adjustment of Status to transition from temporary visas to permanent residency while continuing their education or employment in America.
Immigration experts believe the new rules could create additional uncertainty, travel burdens and processing delays for applicants already residing in the US.
The announcement comes amid increasing scrutiny of immigration pathways and tighter visa policies under evolving US immigration priorities.