Navigating Green Card Policy Changes
The Trump Administration recently announced changes to the green card application process, which could require applicants to return to their home countries to apply. The change—outlined in a memo from U.S. Citizenship and Immigration Services (USCIS) on May 21, 2026—introduces a stricter interpretation of when individuals can apply for permanent residency while remaining in the United States. More recently, the Administration has announced possible changes for the spouses of U.S. citizens and individuals sponsored by their employers.
The change could affect hundreds of thousands of people and lead to more family separations.
A Shift Away from “Adjustment of Status”
For decades, many immigrants—especially those already living in the United States on work, student, or family-based visas—have used a process called “adjustment of status” to apply for a green card without leaving the country.
Under the new policy, this pathway is no longer treated as routine. Instead, USCIS now describes it as an “extraordinary” form of relief that may only be granted in limited circumstances and at the discretion of immigration officers.
As a result, most applicants may be expected to complete the green card process from abroad through U.S. consulates, even if they are already living and working in the United States.
Why This Matters
Most green cards issued in the last 10 years were granted to individuals already in the United States, meaning that the new policy marks a significant change from current procedures. The policy could significantly disrupt the lives of immigrants and families by forcing long periods of separation or uncertainty, while increasing processing times for already overburdened U.S. consulates.
The memo was immediately met with confusion and chaos as immigration lawyers scrambled to understand which exceptions would be granted. While the policy may encounter legal challenges, many immigrants may face the choice between staying in the United States with uncertain status or leaving the country to pursue permanent residency without a guaranteed return.
Staying Informed and Getting Support
Given the complexity and evolving nature of this policy, it is critical for individuals to seek reliable legal guidance before making decisions about their immigration status. If you or someone you know may be affected, consult with a qualified immigration attorney or trusted legal service provider like ICS.