US tightens green card rules, requiring most applicants to apply from abroad

Hundreds of thousands of families and employers will face disruption; immigrants who leave the US may face difficulty returning if applications are denied.
People who followed the rules faithfully now face tremendous uncertainty.
A former senior USCIS official describes the impact of the new green card policy on immigrants already in the application process.

For decades, the United States allowed those already within its borders to pursue permanent residency without leaving — a quiet accommodation that wove itself into the fabric of immigrant life. Now, the Trump administration has reversed that practice, requiring most green card applicants to seek approval through American embassies abroad, arguing that the old system blurred the line between a visit and a permanent claim. The change arrives not as a minor procedural adjustment but as a fundamental reordering of how legal immigration is experienced, touching more than a million people mid-journey and forcing a choice between presence and possibility.

  • Over one million people with pending green card applications now face an uncertain path forward, unsure whether their cases will continue or require them to leave the country they have built their lives in.
  • The new USCIS policy closes what the administration calls a loophole, ending the long-standing practice of adjusting immigration status from within the US — a shift a senior official called 'largely unprecedented.'
  • Families face a wrenching dilemma: remain in the United States and abandon their green card applications, or depart and risk being barred from returning if those applications are denied.
  • USCIS has signaled that some applicants — those offering economic benefit or serving the national interest — may be exempted, but no clear criteria have been published, leaving hundreds of thousands in legal limbo.
  • The administration frames the overhaul as restoring fairness and legal intent, while redirecting agency resources toward naturalization, crime victim visas, and enforcement priorities it deems more urgent.

The United States has fundamentally changed how immigrants pursue permanent residency. On Friday, US Citizenship and Immigration Services announced that most green card applicants must now leave the country and apply through an American embassy or consulate abroad — reversing decades of practice that allowed people to adjust their status without leaving American soil.

Under the old system, visa holders, students, temporary workers, and tourists could file for permanent residency from within the US. The new rule requires them to go through the Department of State from outside the country, with narrow exceptions for cases deemed in the national interest or of extraordinary circumstance. USCIS framed the shift as a return to legal intent: a visit to the US, the agency argued, should not become the first step toward a green card.

The human consequences are immediate. More than one million legal immigrants currently have pending applications, according to the Cato Institute. A USCIS spokesperson told the BBC that applications offering economic benefit may continue on their current track, but others will be asked to reapply from abroad — and no one yet knows which category they fall into. Michael Valverde, a senior USCIS official under both Republican and Democratic administrations, called the announcement 'largely unprecedented,' warning it will disrupt the plans of hundreds of thousands of families and employers each year.

The administration argues the change improves efficiency and fairness, allowing USCIS to redirect resources toward naturalization, crime victim visas, and other priorities. But for the million-plus people caught mid-process, the policy forces a stark choice: stay in the US and abandon the application, or leave and risk being unable to return if it is denied. They are now waiting to learn which path, if any, remains open to them.

The United States has fundamentally altered how immigrants can pursue permanent residency. On Friday, the US Citizenship and Immigration Services announced that most people seeking a green card must now leave the country and apply through an American embassy or consulate abroad—a reversal of decades of practice that allowed applicants to change their status while already in the US.

The policy closes what the Trump administration calls a loophole. Under the old system, visa holders, students, temporary workers, and tourists could file for permanent residency without leaving American soil. The new rule requires them to go through the Department of State from outside the country, with only rare exceptions for cases deemed to be in the national interest or of extraordinary circumstance. USCIS spokesman Zach Kahler framed the shift as a return to legal intent: visits to the US should not become the first step toward a green card, he said. The agency argues that requiring people to apply from their home countries reduces the incentive to overstay visas or disappear into the country illegally after a residency application is denied.

The human consequences are immediate and severe. More than one million legal immigrants currently have pending green card applications in the system, according to the Cato Institute's director of immigration studies. For many of them, the path forward is now unclear. A USCIS spokesperson told the BBC that applications offering economic benefit or serving the national interest may continue on their current track, but others will be asked to reapply from abroad depending on individual circumstances. No one knows yet which category they fall into.

Michael Valverde, a senior USCIS official under both Republican and Democratic administrations until last year, called the announcement "largely unprecedented." He told CBS that it will "disrupt the plans of hundreds of thousands of families and employers annually." The old system, whatever its flaws, had allowed families to remain together during what can be a months-long or years-long application process. The new requirement forces a choice: stay in the US and abandon the green card application, or leave and risk being unable to return if the application is denied.

The administration frames this as efficiency and fairness. By moving most processing to consular offices abroad, USCIS can redirect resources toward other priorities—visas for crime victims and trafficking survivors, naturalization applications, and cases the agency deems more urgent. The policy aligns with longstanding immigration law and court decisions, the agency maintains. Immigration officers will consider each case individually, weighing relevant factors before determining who qualifies for an exemption.

But the practical effect is a tightening of legal pathways at a moment when the administration is already pursuing aggressive enforcement. The Department of Homeland Security declared on social media: "The era of abusing our nation's immigration system is over." For the million-plus people caught in the transition, that declaration carries weight. They are now waiting to learn whether they can continue their applications from within the US or must return home—and whether they will be allowed back if their applications fail.

This is a largely unprecedented move that will limit lawful immigration to the US greatly. People who followed the rules faithfully now face tremendous uncertainty.
— Michael Valverde, former senior USCIS official
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 US illegally after being denied residency.
— USCIS statement
La Conversación del Hearth Otra perspectiva de la historia
Inventor

Why does it matter that people have to apply from abroad instead of while they're here?

Model

Because the old way let families stay together during a process that can take years. Now, if you're on a student visa or tourist visa and you want a green card, you have to leave. If your application gets denied, you might not be allowed back.

Inventor

But doesn't the government have a point about preventing people from overstaying?

Model

They do, in theory. But there's a difference between preventing abuse and dismantling a system that worked for millions of people following the rules. Over a million people have applications pending right now. No one knows if they get to finish here or have to start over abroad.

Inventor

What happens to someone who leaves to apply?

Model

That's the trap. If you're denied, you've already left the country. You might not get back in. For families, it means separation during years of waiting. For employers, it means losing workers they've already hired.

Inventor

Are there exceptions?

Model

Yes, but they're vague. Cases of "extraordinary circumstance" or "national interest" can continue. But the government hasn't defined what that means yet. People are in limbo.

Inventor

Who decided this was necessary?

Model

The Trump administration, as part of a broader effort to curtail immigration. They argue it makes the system fairer and more efficient. Critics say it's unprecedented and will limit legal immigration significantly.

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