Foreigners applying for permanent residency in the United States must now return to their home countries to apply for green cards. The change could have wide-ranging consequences for legal immigration amid a sweeping immigration crackdown by U.S. President Donald Trump's administration. "From now on, foreign nationals temporarily residing in the United States who want to obtain a green card must return to their home country to apply, unless there are exceptional circumstances," U.S. Citizenship and Immigration Services (USCIS) spokesman Zach Kahler said in a statement on Friday.
Details of how the new system will be implemented are still unclear, but requiring people to travel to U.S. consulates overseas could leave many stranded for weeks, months or even years because of a backlog in the appointment system. This can disrupt family life and complicate the various plans of companies sponsoring green cards for foreign workers.
For immigrants who entered the U.S. illegally, including those who entered without authorization and later married U.S. citizens, leaving the country to apply for permanent residence may pose greater dangers. Once their history is scrutinized, they may be barred from returning to the United States.
Anyone whose application is rejected has few avenues for appeal or review.
Boston immigration attorney Elizabeth Goss said the new rules are "yet another way to try to deport people who I don't think should be deported." Her office has been fielding inquiries throughout the day. "This is yet another way to force people out."
"Legal doubt"
The new rules apply to any foreign national coming to the United States on a temporary nonimmigrant visa, including students, H-1B or L visa employees, and visitors. The United States issues about 1 million green cards every year, but about half of them are issued to foreign relatives sponsored by U.S. citizens. These applications typically have been processed outside the United States.
The American Immigration Lawyers Association said successive Republican and Democratic administrations have allowed green card applicants to remain in the United States, and the process has been upheld in multiple court cases.
"Overturning established law through a memorandum is legally questionable and would create unnecessary confusion," the association said on the X platform.
USCIS said the change would allow "our immigration system to operate in accordance with the intent of the law, rather than incentivizing loopholes."
In a memo outlining the change, USCIS employees responsible for green card applications were told that some exceptions could be made. The memorandum instructs them to "consider and weigh all relevant evidence in the record, in conjunction with the totality of the circumstances, to determine whether the alien is suitable for permanent residence."
In a footnote, USCIS said that foreigners applying for green cards often do so after overstaying their visas. The bureau also warns that people are "violating the terms and conditions of their admission or parole through illegal employment or other activities inconsistent with their admitted status."