Want Green Card? US says leave country first, re-enter with immigrant visa

In a move likely to hit thousands of Indians waiting for US permanent residency, the Trump administration on Friday announced that migrants seeking Green Cards will have to leave America and apply from their home countries instead of staying in the US during the process.

Under new guidance issued by US Citizenship and Immigration Services (USCIS), migrants seeking adjustment of status for a Green Card will now generally have to apply from their home countries instead of remaining inside the US during the process.

A Green Card is an official identification card that gives foreign nationals permanent residency rights in the US. A Green Card holder can live anywhere in the US, work for most employers, study in the US, travel in and out of the country (subject to rules) and eventually apply for US citizenship if eligible.

“From now on, an alien who is in the US temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances,” USCIS spokesman Zach Kahler said.

The move could significantly impact international students, temporary workers and tourists currently residing in the US who had hoped to transition to permanent residency without leaving the country. “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly,” Kahler said.

According to the policy memo, adjustment of status inside the US would now be treated as an extraordinary form of relief, with immigration officers instructed to examine requests on a case-by-case basis.

"An alien who is in the US 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 incentivising loopholes. The era of abusing our nation’s immigration system is over," the Department of Homeland Security tweeted.

USCIS argued that the policy would reduce visa overstays and discourage migrants from slipping into the shadows after being denied residency applications.

“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the US for a short time and for a specific purpose,” the agency said. “Their visit should not function as the first step in the Green Card process.”

In FY 2024, 49,700 Indian-born immigrants became US citizens via the Green Card process, making Indians the second-largest group after Mexico. Indians accounted for 6.1 per cent of all naturalisations.

The administration also said shifting applications to US consulates abroad would free up USCIS resources for other priorities, including naturalisation applications and visas for victims of violent crime and human trafficking.

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