Green Card Applicants Must Now Apply From Abroad Under New U.S. Policy
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The Trump administration has announced a policy change requiring most foreign nationals in the U.S. to return to their home countries to apply for a green card, ending a decades-long practice. U.S. Citizenship and Immigration Services (USCIS) will allow exceptions only for 'extraordinary circumstances' or cases providing an 'economic benefit' or 'national interest.' The agency has not yet specified when the rule takes effect or how it will affect current applicants.
Facts First
- Most green card applicants must now apply from their home country, ending a process that could be completed within the U.S. for over 50 years.
- Exceptions are limited to 'extraordinary circumstances' or cases providing an 'economic benefit' or 'national interest,' as determined by USCIS officers.
- The policy affects approximately 600,000 people who apply for a green card from within the U.S. each year, according to a former USCIS advisor.
- Key details remain unspecified, including the effective date and whether applicants must stay abroad for the entire process.
- Visa appointment wait times at some U.S. consulates abroad exceed one year, which could significantly delay the process for affected applicants.
What Happened
On Friday, the Trump administration announced that foreigners in the U.S. seeking a green card will be required to leave and apply in their home country. U.S. Citizenship and Immigration Services (USCIS) stated that nonimmigrants who want to become lawful permanent residents must return home to apply, except in cases of 'extraordinary circumstances.' This reverses a process that has been in place for over 50 years, allowing foreign nationals with legal status—including those married to U.S. citizens, work and student visa holders, and refugees or political asylum seekers—to complete the permanent residence process within the United States. USCIS did not specify an effective date for the change, whether applicants must remain abroad for the entire process, or if the policy affects pending green card applications.
Why this Matters to You
If you or someone you know is in the U.S. on a visa and planning to apply for permanent residency, this change could mean a significant and costly disruption. You may be required to leave your job, home, and family in the U.S. for an uncertain period, potentially over a year, to complete the application process abroad. For families with mixed immigration status, this could force separations. The financial burden of moving and living abroad while awaiting a decision could be substantial. The policy may also create longer wait times for consular appointments worldwide as hundreds of thousands of additional cases are processed overseas.
What's Next
USCIS officers are now responsible for deciding which applicants meet the 'extraordinary circumstances' criteria to stay. The agency indicated that individuals providing an 'economic benefit' or 'national interest' could likely stay in the U.S. while others must apply abroad. Legal challenges to the policy are likely. Applicants and immigration lawyers will be watching closely for the official effective date and guidance on how the rule applies to pending applications. The change may face immediate practical hurdles; for example, the U.S. Embassy in Afghanistan has been closed since the U.S. withdrawal in August 2021, making it impossible for Afghan nationals to apply from their home country.