Most immigrants applying for green cards will not be required to leave the United States while their applications are being processed, the Department of Homeland Security (DHS) said on Friday, clarifying an earlier announcement that had sparked concern among immigrants, employers and immigration lawyers, according to The New York Times.The clarification followed a USCIS news release issued last week that appeared to suggest immigrants seeking permanent residency would have to return to their home countries and wait abroad for approval except in "extraordinary" cases. The announcement raised fears that a long-standing process allowing many applicants to remain in the United States could be significantly restricted.Also Read| Trump govt’s new green card rules leave many questions unansweredDHS said on Friday that there had been no broad policy change. Instead, immigration officers would continue to decide on a case-by-case basis whether applicants should complete the green card process from abroad, an authority the department said officers have always had.“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson said in a statement cited by NYT. The spokesperson said individuals who overstay visas or come from countries whose citizens heavily use public assistance could be among those affected.The clarification marked a shift from the interpretation of last week's announcement, which had led to widespread confusion inside and outside the government. A senior White House official told NYT the move was intended as a housekeeping measure rather than a new immigration strategy.Immigration lawyers said some applicants were already being asked during USCIS interviews why they were applying for green cards from within the United States and whether they could instead apply from their home countries.“The public backlash has clearly sent the administration scrambling to clean up its own mess,” Sarah Pierce, a former USCIS official who now heads social policy at Third Way, told NYT.The original announcement also raised concerns among business groups and employers who rely on foreign workers. Neil Bradley, executive vice president and chief policy officer at the U.S. Chamber of Commerce, said the policy as originally described could be “incredibly disruptive for employers,” while supporting efforts to reduce illegal immigration.Also Read| Which visa holders face the highest risk under US’ new Green Card rules?About 1.4 million green cards were granted in 2024, including roughly 820,000 through the adjustment-of-status process, which allows eligible immigrants to apply while living in the United States. Many applicants receive sponsorship from employers or close family members.Immigration experts said family-sponsored applicants could face the greatest impact if officers more frequently require people to complete the process abroad. Many such applicants entered the United States on temporary visas and later became eligible for permanent residency through marriage or family relationships.“It’s very clear they’re trying to go after that,” Doug Rand, a former senior USCIS official during the Biden administration, told NYT. “Because if now suddenly you can’t adjust status, and you have to go home to your home country, joke’s on you, now you’re barred from coming back for 10 years.”The earlier guidance also alarmed employers of high-skilled foreign workers on H-1B and other visas who are waiting for green cards. Immigration lawyers warned that requiring such applicants to leave the country could increase delays because visa processing times at U.S. consulates are already lengthy.Despite Friday's clarification, questions remain about which applicants could be required to apply from abroad and how officers will exercise their discretion. Immigration lawyers said uncertainty surrounding the guidance has already created anxiety among immigrants considering applying for permanent residency.
Most immigrants won’t need to leave to get green cards, US now says - The Economic Times
The Department of Homeland Security clarified that most green card applicants can remain in the U.S. during processing, easing concerns from an earlier announcement. This decision follows widespread confusion and backlash, with DHS stating officers will continue to decide on a case-by-case basis, a long-standing discretionary authority.











