The US Department of Homeland Security (DHS) has clarified that people applying for green cards do not need to leave the United States while their applications are being processed.
This comes after a previous announcement sparked confusion among immigrants, employers and immigration lawyers about the process.Last week, a press release from USCIS was seen as suggesting that people seeking permanent residency will generally need to return to their home countries and wait for approval, unless they qualify for “unusual” exceptions. This has led to concerns that the usual process, which allows many applicants to remain in the United States while they apply, could be changed.The Department of Homeland Security said on Friday that there had been no significant change in policy. Immigration officers already have the authority to decide, on a case-by-case basis, whether someone should complete the green card process outside the country, she said.“This was simply a reminder to officers of their discretion, which has always existed on a case-by-case basis,” a DHS spokesperson said. The spokesperson also said that people who overstay their visas or come from countries whose citizens often use public assistance could be among those being more closely reviewed.
A senior White House official told the New York Times that the move was intended as a routine update and not a new immigration policy.Before clarifying, immigration lawyers said some applicants had already been asked in interviews why they were applying for a green card while living in the United States, and whether they could apply from their home countries instead.About 1.4 million green cards were issued in 2024. About 820,000 of them came through the adjustment of status process, which allows eligible immigrants to apply while living in the United States.
Many of them are sponsored by their employers or close family members.Immigration lawyers also warned that skilled workers with H-1B and similar visas could face delays if they are asked to leave the United States and complete procedures at consulates, where wait times are already long.Even after DHS clarifies, questions remain about who may still be required to come forward from the outside and how officers will use their discretion. Lawyers say the uncertainty has already raised anxiety among many immigrants considering applying for a green card.