New green card policy could push thousands of applicants out of the U.S., here’s what you should know

MIAMI--Most people seeking green cards while already living in the United States may now be required to leave the country and complete the process through U.S. consulates overseas, following a major policy shift announced by the Trump Administration.

The change, outlined by U.S. Citizenship and Immigration Services in a May 21 memo, would limit green card approvals from inside the United States to cases involving “extraordinary circumstances.” Immigration officers have been instructed to review applications individually when deciding who may remain in the country during the process and who must pursue consular processing abroad.

The policy could affect hundreds of thousands of people each year, including spouses and relatives of U.S. citizens and lawful permanent residents, skilled workers, students and others living in the U.S. on temporary visas while seeking permanent residency.

Immigration experts say the change could significantly complicate the process for people who have already built lives in the United States. Applicants who are required to leave could face months or even years of waiting abroad, separated from jobs, homes, spouses, children and other family members.

Daniel Kanstroom, a professor at Boston College Law School and founder of the university’s Immigration and Asylum Clinic, told TIME that the memo appears designed to reduce green card approvals by making the process harder for people who may otherwise have strong legal reasons to remain in the U.S.

USCIS has defended the policy, saying it restores the immigration system to how the law was intended to function. Agency spokesman Zach Kahler said applying from a person’s home country reduces the risk of applicants remaining in the U.S. unlawfully if their green card requests are denied.

Immigration advocates and legal experts dispute the suggestion that applying from inside the U.S. is a loophole. Adjustment of status is specifically permitted under Section 245 of the Immigration and Nationality Act. Certain work visa categories, including H-1B visas, are also built around “dual intent,” which allows workers to hold temporary status while pursuing permanent residency.

The change could affect a large share of green card applicants. According to the Migration Policy Institute, 783,000 people received green cards from inside the United States between October 2023 and September 2024. Of that group, 53 percent were spouses, children and parents of U.S. citizens and green card holders. Another 28 percent adjusted from refugee or asylee status, while 15 percent obtained green cards through employment.

Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, said the policy could force people to leave their jobs, homes and families at their own expense. He also warned that it could worsen existing backlogs and place applicants in a more vulnerable position by shifting them to consular processing, where decisions are often difficult to challenge.

Kanstroom said that because of those risks, many immigration lawyers are still likely to advise clients to apply for adjustment of status inside the U.S. rather than leave voluntarily. Once abroad, even applicants with strong cases could be stuck for extended periods while waiting for a decision.

David Bier, director of immigration studies at the Cato Institute, described the move as part of a wider slowdown in legal immigration. He argued that DHS has already sharply reduced green card approvals over the past year by slowing application processing, and that the new memo could now lead to large-scale denials.

Highly skilled workers could be among the groups most affected. Many professionals in the U.S. on H-1B visas apply for green cards after securing long-term employment. Business leaders and technology entrepreneurs have warned that the change could disrupt workers’ lives and make it harder for companies to recruit and retain global talent.

Andrew Ng, co-founder of Coursera, criticized the policy on X, saying it would harm families, reduce the number of doctors, teachers and scientists, and weaken America’s competitiveness in artificial intelligence.

Michael Clemens, an economist and professor at Johns Hopkins University, said the policy could be especially difficult for high-skilled Indian workers seeking EB-2 and EB-3 visas. He warned that many could face years of waiting overseas, causing some to give up and taking their talent out of the U.S. workforce permanently.

After criticism of the policy grew, USCIS said people whose applications provide an economic benefit or serve the national interest may be allowed to continue through the current process, depending on their individual circumstances.

Kanstroom said the Administration may be attempting to reduce the number of noncitizens receiving employment-based green cards in order to preserve jobs for U.S. citizens, but he described the approach as indirect and disruptive.

Families could also face major consequences. Adjustment of status is one of the most common routes to a green card for spouses and close relatives of U.S. citizens and lawful permanent residents who are already living in the country. That includes people who entered on K-1 fiancé visas, which are intended for foreign nationals coming to the U.S. to marry American citizens.

World Relief, a Christian humanitarian organization that provides immigration legal services, called the policy anti-family and warned that it could separate husbands from wives and children from parents for months or years while applicants wait for consular processing abroad.

The risks could be even greater for people from countries affected by the Trump Administration’s travel bans and visa restrictions. Reichlin-Melnick warned that some applicants who leave the U.S. may not be able to return for years, or even decades.

The Administration has already expanded travel restrictions covering dozens of countries. USCIS has also said it would review the immigration status of lawful permanent residents and green card holders from 19 countries that were restricted in June 2025, most of them in Africa and Asia. The State Department also sharply reduced immigrant visa processing for people from 75 countries earlier this year.

Students may also be caught in the policy change. USCIS said non-immigrant residents, such as students, come to the United States for a specific purpose and are expected to leave shortly after that purpose ends.

Bier said that position ignores how life often changes. A student may receive a permanent job offer. A visitor may get married. A person may be unable to return home because conditions in their country become unsafe.

Kanstroom said students and other visa holders who overstayed could be among those hit hardest. In many cases, leaving the U.S. after a period of unlawful presence can trigger multi-year bans on re-entering the country, meaning applicants who depart for consular processing may find themselves unable to return.

‍