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On Friday, U.S. Citizenship and Immigration Services (USCIS) unveiled a significant change to immigration policy, affecting noncitizens currently in the United States who are seeking a green card or lawful permanent resident status. The new directive mandates that these individuals must exit the country indefinitely, even if they are legally present and have U.S. citizen spouses or children.
Under the updated policy, green card applicants will need to wait for their applications to be processed abroad through consular procedures managed by the U.S. Department of State.
USCIS clarified that “adjustment of status” within the U.S. will be granted only under extraordinary circumstances, evaluated individually.
The Trump administration supports this policy shift, asserting that noncitizens entering the U.S. on student, tourist, or temporary work visas should depart once their visa terms conclude, and that temporary residency should not lead directly to permanent residency.
Officials argue that this change aligns with the original legal intentions, although it is anticipated that the policy will face legal challenges and potential lawsuits.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” USCIS spokesperson Zach Kahler wrote in a statement. “From now on, an alien who is in the U.S. temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.”
Kahler added that when noncitizens apply for a green card from their home country, it reduces the need to find and remove those who “decide to slip into the shadows” and remain in the U.S. illegally after being denied residency.
“Nonimmigrants, like students, temporary workers or people on tourist visas, come to the U.S. for a short time and for a specific purpose,” he said. “Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the green card process.
“Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications and other priorities,” Kahler added. “The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
Critics of the policy shift argue many overstays have U.S. citizen spouses or children, pay taxes and fill labor shortages and, if removed from the country, will face long processing delays and humanitarian concerns.
It is unclear if Immigration and Customs Enforcement (ICE) will begin deporting green card applicants.
Maye Musk, Elon Musk’s mother, took to X to react to the policy change.
“When I wanted to get my green card, I had to have numerous vaccinations, health tests and a lung x-ray,” Maye Musk wrote in a post. “Because I was Canadian, I had to fly to Montreal to have a lung x-ray again to confirm that it’s the same person. However, when the x-ray had to be delivered to me at my friend’s home, the delivery truck was stuck on a bridge because of thick ice. I had to stay an extra day. Nothing was easy. It took another five years before I could get citizenship. Worth it.”
The American Civil Liberties Union (ACLU) did not immediately respond to Fox News Digital’s request for comment.