Return-home rule for Green Card applicants

The earlier policy allowed foreign workers to change from non-immigrant to immigrant by applying for “adjustment of status” from within the US. “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,” USCIS spokesperson Zach Kahler said in a statement.

While there are approximately 1.5 million Indian Green Card holders in the US, an additional 1.2 million highly skilled Indian nationals and their dependents are estimated to be presently stuck in the employment-based Green Card backlog. Every year, tens of thousands of new Green Cards are issued to Indian nationals, positioning India as the second-largest country of origin for new permanent residents.

Experts say the revised rule will apply only to new applications.

Federal agents try to pull a man from a vehicle to arrest him in Minneapolis, Jan. 11, 2026. (The New York Times/File)

Immigration attorneys and experts have described the move as reckless and abrupt, saying that besides being a logistical challenge for applicants to have to return to their countries and file their pleas, it will also give discretionary powers to the Department of State to approve or reject applications.

Earlier, if applicants followed rules, paid taxes and had their paperwork in order, a Green Card was a given. Now it may change, says an immigration attorney based in New Delhi.

While things will be clearer as the process unfolds in due course, the latest USCIS statement offers an idea as to which categories will be hit the most. “Non-immigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose. 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,” the USCIS statement said.

“The new adjudication landscape reflects a significant shift in how USCIS exercises discretionary authority. Historically, discretion functioned primarily as a secondary safeguard, typically invoked only where a case involved fraud indicators, criminal concerns, immigration violations, or other clear adverse factors,” Sukanya Raman, Bengaluru-based US Immigration Advisor, from The Immigration Desk, told The Indian Express.

In most employment-based filings, once statutory eligibility was established, approval was generally expected absent a specific legal bar, she said, adding that while applicants may still meet all statutory requirements, USCIS now could increasingly be treating approvals as discretionary decisions rather than automatic outcomes. “It will make the process more subjective and uncertain for individuals, employers and employees,” she pointed out.

Even within the US, the move has come under a lot of criticism from various sections. Democratic lawmakers said they will pursue every avenue to fight against the “reprehensible” decision and push for its reversal. “This reckless policy shows a stunning disregard for the human cost it will impose on hundreds of thousands of people each year. We will pursue every avenue to fight against this reprehensible decision and push for its reversal,” Congresswoman Grace Meng, chairperson of the Congressional Asian Pacific American Caucus, said in a statement.

“Trump just made legal immigration harder – on purpose. America is able to attract the top researchers, doctors, & engineers because of our worker visa programmes,” Congressman Greg Stanton, a Democrat from Arizona, said on X. “Forcing these immigrants to now leave the US before applying for citizenship will deprive us of their innovation, their tax dollars, & their contributions to our economy,” he said.

The USCIS has said it would grant Green Cards to people inside the country only in “extraordinary circumstances”. “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,” it said.

The agency described the change as a return to “the original intent of the law” and closing a “loophole.”

Presently, hundreds of thousands of foreign nationals legally in the US — those married to US citizens, holders of student and work visas, refugees and asylum-seekers — can apply for and complete the entire permanent residence process without leaving the US.

USCIS said the move would ensure that the US State Department could now handle the majority of these cases at its consular offices abroad. It would also free up “limited USCIS resources to focus on processing other cases that fall under its purview.” The latter includes visas for “victims of violent crime and human trafficking, naturalization applications, and other priorities,” according to the agency.

Meanwhile, critics have also noted a structural contradiction at the heart of this policy: in many countries, the US does not process immigrant visa applications. Thus, many applicants would be separated from their families indefinitely, while getting no closer to securing a Green Card.

It remains unclear when the policy will become effective. Courts have previously blocked several Trump immigration actions, and legal groups have advised affected immigrants to consult an attorney before taking any steps.

“At present, the long-term practical impact of this guidance remains uncertain. Its full effect will likely emerge gradually through adjudication trends which USCIS may practice over time,” Raman said.