The Trump administration has said foreign nationals who enter the US on temporary visas should return to their home countries if they want to apply for permanent residency, arguing that the move is aimed at reinforcing the existing legal immigration system.
Officials said the policy is intended to ensure Green Card applications follow standard immigration procedures, rather than allowing people to remain in the US while seeking permanent status through what the administration describes as “loopholes” in the system.
“An alien who is in the US temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivising loopholes,” the Department of Homeland Security said on X.
In new guidance issued on Friday, US Citizenship and Immigration Services (USCIS) said adjustment of status, obtaining permanent residency from within the US, is a discretionary benefit rather than an automatic right.
The agency said the immigration system is generally designed with the expectation that temporary visa holders will leave the country once the purpose of their stay ends, while noting that immigration officers should evaluate applications on a case-by-case basis.
The memo instructs officers to consider factors including visa violations, overstaying authorised periods of stay, unauthorised employment, fraud and whether applicants complied with the terms of their admission to the United States.
USCIS also acknowledged limited exceptions, including visa categories that allow “dual intent”, meaning some temporary visa holders are legally permitted to live in the US while also seeking permanent residency. The agency said those categories do not guarantee approval for Green Cards or change Congress’s expectation that visitors leave the country once the purpose of their stay ends.
The agency said on Friday that the updated guidance would help free up resources to focus on processing other immigration cases
Rights groups warn migrants at risk
Immigrant advocacy groups criticised the measure, warning it could force vulnerable people to return to unsafe or unstable conditions while awaiting decisions on their applications.
HIAS, a nonprofit organisation that supports refugees and other migrants, said the policy could affect survivors of trafficking as well as abused and neglected children by requiring them to leave the US to complete parts of the permanent residency process.
The guidance marks the latest step in a broader push by US President Donald Trump to tighten immigration rules and restrict pathways to long-term residency in the United States.
Last year, the administration moved to shorten the duration of visas for some students, cultural exchange visitors and media workers.
In January, the State Department announced that it had revoked more than 100,000 visas since Trump returned to office.