USA permanent resident card (Green Card) with Employment Authorization card next to passports and fingerprints
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Following intense criticism from immigrant advocacy groups, business organisations and immigration lawyers, the Trump administration is seeking to downplay the impact and scope of a recent immigration policy change that sparked concerns that hundreds of thousands of green card applicants could be forced to leave the United States to continue thier cases, according to CBS News.Last week, the US Citizenship and Immigration Services (USCIS) issued a new guidance that officials said would eliminate the option for many immigrants to apply for a green card, or permanent US residency, without having to leave the country to complete the process at an American consulate in their home countries.The memo appeared to significantly restrict the process known as "adjustment of status," which allows immigrants sponsored by American employers or family members to remain in the United States while awaiting a green card. At the time, a USCIS spokesperson stated that someone "who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances."The announcement triggered alarm among immigrants, business groups and immigration attorneys, who feared the policy could require hundreds of thousands of applicants to depart the United States and potentially leave some stranded abroad due to the administration's travel and entry restrictions affecting dozens of countries.However, over the weekend, the Department of Homeland Security (DHS) issued a statement portraying the guidance in far narrower terms, arguing that the memo merely restated "longstanding law and policy."According to CBS News, DHS said the "policy will not prevent any alien from obtaining a green card who legitimately and properly qualify." The department added that the guidance "will result in some aliens who do not merit the discretionary benefit ultimately applying with the Department of State overseas rather than USCIS in the United States."DHS further stated, "This policy will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law." It added, "These aliens benefit the national interest and provide economic benefits to the United States and will continue to merit the favorable exercise of discretion."CBS News reported that Lynden Melmed, who served as the top lawyer at USCIS under the George W. Bush administration, said the DHS statement appears to narrow the scope of the original guidance and make it less categorical. Melmed noted that USCIS officers have long exercised discretion by weighing both positive and negative factors when determining whether an applicant can seek a green card while remaining in the United States.Despite the administration's clarification, Melmed said the guidance is still likely to prove "burdensome" for immigrant applicants and their legal representatives, who may now need to submit additional evidence to demonstrate why they should not be required to leave the country and pursue their applications abroad.He also suggested that the administration's seemingly inconsistent messaging could create confusion among USCIS officers tasked with implementing the policy. "The underlying policy will still slow legal immigration but at least they are toning down the rhetoric," Melmed said.Published on May 31, 2026
