The Trump administration has issued a directive requiring foreign nationals currently in the US on temporary visas to return to their home countries if they wish to apply for permanent residency (green cards). The move is explained as an effort to strengthen the existing legal immigration system.
Officials said the new policy ensures that green card applications follow standard immigration procedures, rather than allowing individuals to remain in the US while seeking permanent status through loopholes in the system.
The Department of Homeland Security (DHS) posted on social media platform X: “Foreign nationals who are temporarily in the US and want a green card must return to their country to apply. This policy helps our immigration system operate in the spirit of the law, rather than encouraging the exploitation of loopholes.”
In new guidance issued Friday (May 21), US Citizenship and Immigration Services (USCIS) said adjustment of status — applying for permanent residency while in the US — is a discretionary benefit, not an entitlement.
USCIS said the immigration system is generally designed on the expectation that temporary visa holders will leave the US when their stay purpose ends, and emphasized that immigration officers will adjudicate applications on a case-by-case basis.
The memo instructs officers to consider factors such as visa violations, overstays, unauthorized work, fraud, and whether the applicant has complied with the conditions of entry into the US.
USCIS acknowledged some limited exceptions, including visa categories that allow “dual intent,” meaning temporary visa holders may legally remain in the US while simultaneously applying for permanent residency. However, the agency said those categories do not guarantee a green card and do not change Congress’s expectation that visitors must leave the US when their stay purpose ends.
USCIS said the updated guidance will help free up resources to focus on processing other immigration cases.
Advocacy groups warn of risks for migrants
Immigrant advocacy groups criticized the measure, warning it could force vulnerable individuals to return to unstable or unsafe regions while awaiting decisions on their permanent residency applications.
HIAS, a nonprofit supporting refugees and migrants, said the policy could affect victims of human trafficking as well as abused and abandoned children, who would be forced to leave the US to complete their green card applications.
The new guidance is the latest step in President Trump’s efforts to tighten immigration rules and limit pathways to long-term residency in the US.
Last year, the administration shortened visa durations for some students, cultural exchange visitors, and media personnel. In January, the State Department announced it had revoked over 100,000 visas since Trump returned to the White House.
