The Trump administration has closed a loophole that allowed migrants to remain in the United States while awaiting permanent residency. Under new guidance, any migrant seeking a green card must return to their home country to apply.
New USCIS Guidance
On Friday, May 22, U.S. Citizenship and Immigration Services (USCIS) issued new guidance directing immigration officers to treat the transition from temporary nonimmigrant status to permanent immigrant status under Section 245(a) of the Immigration and Nationality Act as a process that should generally take place outside the United States.
Individuals seeking lawful permanent residency will typically be required to return to their home country, complete screening procedures, and obtain an immigrant visa through the U.S. Department of State before reentering the U.S. as immigrants.
USCIS Director's Statement
USCIS Director Joseph Edlow emphasized that the Trump administration is reinforcing the distinction between temporary entry and permanent residence. He stated, “Under President Trump, USCIS is returning to the original intent of the law and reinforcing the proper distinction between temporary admission and permanent residence. Aliens who come to the United States temporarily and later seek permanent residency should pursue an immigrant visa through the proper channels in their home countries before being admitted as immigrants.”
Extraordinary Circumstances Exception
The guidance allows individuals to remain in the U.S. and complete the adjustment of status process domestically only in “extraordinary circumstances.” In such cases, vetting will be conducted by USCIS officers rather than through the standard immigrant visa process abroad. The agency instructs officers to weigh all relevant factors on a case-by-case basis when determining eligibility for this administrative relief.
Homeland Security Announcement
Announcing the new guideline on X, Homeland Security wrote: “An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. The era of abusing our nation’s immigration system is over.”
