USCIS Policy Memo Restricts In-State Green Card Applications

On Friday, U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that restricts the ability of foreign nationals in the United States on temporary visas to obtain lawful permanent residence (a "green card") without leaving the country. The memo directs USCIS officers to consider adjustment of status applications — the process of applying for a green card from within the U.S. — only in "extraordinary circumstances." The policy reverses a practice that had been in place for over 50 years for many categories of applicants.

Policy Details

The memo states that nonimmigrants (including individuals on student, temporary work, and tourist visas) must generally return to their home country and apply for a green card through consular processing at a U.S. embassy or consulate abroad.

A USCIS spokesperson stated that applicants who can demonstrate they provide an "economic benefit" or serve the "national interest" may be permitted to apply from within the U.S. The spokesperson also said the policy "will have no noticeable impact on highly qualified applicants and skilled professionals." USCIS characterized the change as a return to "the original intent of the law" and a measure to close what it described as a "loophole."

The Department of Homeland Security (DHS), USCIS's parent agency, issued a statement describing the guidance as a restatement of "longstanding law and policy." DHS added that the policy "will result in some aliens who do not merit the discretionary benefit ultimately applying with the Department of State overseas rather than USCIS in the United States."

Scope and Affected Populations

The policy applies to individuals who are in the U.S. temporarily and seek to adjust their status to lawful permanent residence. According to former USCIS senior advisor Doug Rand, approximately 600,000 to 1 million people apply for green cards from within the U.S. each year in a typical year. The Cato Institute estimates over 1 million immigrants in the U.S. are currently waiting on green cards.

The policy does not specify an effective date. USCIS did not clarify how the change will affect applications that are currently pending.

Exceptions and Uncertainties

The memo provides for exceptions based on "extraordinary circumstances" as determined by USCIS officers on a case-by-case basis. The precise definitions of "extraordinary circumstances," "economic benefit," and "national interest" have not been fully detailed.

Immigration attorneys and policy analysts have noted discrepancies between the announcement and the underlying memo. Multiple attorneys reported that the announcement appeared more restrictive than the memo's text. The American Immigration Lawyers Association reported that some applicants in green card interviews after the announcement were asked new questions about why they did not apply from their home countries.

USCIS did not provide details on whether applicants must remain abroad for the entire duration of the application process, or how the policy affects individuals from countries where U.S. embassies are not processing immigrant visas (such as Afghanistan). The number of individuals expected to be affected was not provided by USCIS.

Background and Context

For over five decades, foreign nationals legally present in the U.S. — including spouses of U.S. citizens, work and student visa holders, and refugees — could complete the green card application process without leaving the country.

The change is the latest in a series of administration actions affecting immigration. Previous actions include:

• Shortening visa durations for students and exchange visitors
• Revoking over 100,000 visas in January 2025
• Reducing asylum claims
• Ending Temporary Protected Status for several countries
• Halting refugee admissions
• Restricting work and student visas
• Reexamining all green cards issued to people from 19 countries "of concern"

About 1.4 million people obtained lawful permanent residence in fiscal year 2024.

Reactions

From Advocacy Organizations

World Relief, a Christian humanitarian organization, stated the policy could create indefinite family separations, particularly for individuals from countries where U.S. embassies are not processing immigrant visas. CEO Myal Greene stated the policy "will separate husbands from wives and children from their parents."

HIAS, a refugee assistance organization, stated the policy forces survivors of trafficking and abused children to return to dangerous countries they fled.

From Legal Experts

• Lynden Melmed, former top lawyer at USCIS under the George W. Bush administration, stated the new statement narrows the scope of the guidance but will likely prove "burdensome" for applicants and their lawyers and may slow legal immigration.
• Charles Kuck, an immigration attorney, called the change "a scare tactic" and stated he expects legal action.
• Shev Dalal-Dheini, senior director of government relations at the American Immigration Lawyers Association, stated the change "applies very broadly to anyone seeking a green card."
• Kevin Miner, a partner at Fragomen, predicted employment-based visa holders like H-1B may be exempt.
• David J. Bier, director of immigration studies at the Cato Institute, called the policy "illogical" and said it would drive talented people to other countries.

Immigration lawyers reported a surge in client inquiries over the holiday weekend, with clients asking whether to continue filing, whether pending cases would be affected, and whether to avoid international travel.

From Elected Officials

• Representative Delia C. Ramirez (D-IL) called the policy "beyond cruel."
• New York Governor Kathy Hochul stated the policy "betrays the very promise that built this country."
• Representative Greg Stanton (D-AZ) stated the policy makes legal immigration harder intentionally.
• Representative Ted Lieu (D-CA) described the policy as "stupid" and said it would help competitors like China and Russia.

Legal Outlook

Immigration attorneys and advocacy groups have stated they anticipate legal challenges to the policy. The policy memo is a guidance document and not a formal rule issued through the federal regulatory process, which may affect the basis for potential litigation. USCIS has not announced further implementation guidance.