The Trump administration yesterday announced a sweeping immigration policy change that could make it far harder for lakhs of foreigners, most of them Indians, to obtain green cards in the United States.
Under the new directive issued by the Department of Homeland Security and US Citizenship and Immigration Services (USCIS), most applicants seeking permanent residency will now be required to leave the United States and apply from their home countries. The move effectively dismantles the long-established practice known as “adjustment of status”, which allowed many immigrants already living legally in the US to obtain green cards without leaving the country.
For more than 50 years, foreign nationals on valid visas, including students, temporary workers and tourists, have been able to apply for permanent residency while remaining in the United States. According to former USCIS officials, roughly one million people apply for green cards each year, and nearly half have traditionally adjusted their status from within the country. That pathway will now become highly restricted. The administration says in-country adjustment of status will no longer be considered a standard route to permanent residency, but an “extraordinary form of relief” to be granted only in rare cases at the discretion of immigration officers.
The government argues that the policy restores the “original intent” of immigration law and closes loopholes that, according to officials, encouraged misuse of temporary visas. Officials maintain that student, tourist and work visas are meant for limited purposes and should not automatically become stepping stones to permanent residency.
Instead, applicants will increasingly be required to undergo “consular processing”, meaning they must apply for immigrant visas through US embassies or consulates abroad. USCIS argues that this system will reduce the risk of rejected applicants remaining in the country illegally and will allow the agency to redirect resources toward other priorities, including citizenship applications and visas for victims of trafficking and violent crimes.
USCIS is applying long-standing law and prior court decisions to require certain aliens with temporary visas who decide they want to permanently reside in the U.S. to return to their home countries to apply for permanent visas through the @StateDept.
— USCIS (@USCIS) May 22, 2026
We're returning to the… pic.twitter.com/E2AFZkds5m
The directive also orders immigration officers to scrutinise applications more aggressively. Factors such as unauthorised employment, visa violations and overstaying authorised periods could now weigh heavily against applicants.
The administration further clarified its stance on “dual intent” visas, categories under which temporary visa holders are legally allowed to pursue permanent residency. Officials said these visas do not guarantee approval for green cards and do not alter the expectation that individuals should leave the United States once their temporary stay ends. Although the memo mentions possible exceptions for applicants whose presence is considered economically beneficial or in the national interest, it provides little clarity on how such exemptions would be granted.
The policy has drawn fierce criticism from immigration lawyers, humanitarian organisations and policy experts, many of whom warn that it could create a devastating bureaucratic trap for hundreds of thousands of immigrants. Critics point out that the Trump administration has already imposed travel bans and visa restrictions affecting nearly 40 countries and suspended immigrant visa processing from dozens more. Under the new rules, immigrants compelled to leave the United States for consular processing may discover that visa services in their home countries are unavailable or indefinitely delayed, leaving them stranded abroad and unable to return. Immigration lawyers also warn that individuals who unintentionally overstayed visas before applying for permanent residency could face automatic re-entry bans lasting up to ten years once they leave American soil.
Humanitarian groups say the consequences could be especially severe for vulnerable populations. Immigration attorneys note that humanitarian parolees, including Ukrainians fleeing war and Afghans who assisted US forces, may now face impossible choices. Because their entry into the US was technically temporary, applying for permanent residency from within the country could itself be viewed negatively under the new framework. As a result, some may be forced to return to countries where they face conflict, persecution or serious threats to their safety.
Refugee advocacy organisations have also warned that trafficking survivors, abused children and other vulnerable migrants could be compelled to return to the very environments they escaped simply to complete immigration formalities.
Legal experts strongly dispute the administration’s claim that the policy merely enforces existing law. According to the American Immigration Lawyers Association, Congress intentionally created the adjustment-of-status system in the 1950s to prevent prolonged family separation and to help American businesses retain skilled workers during lengthy visa backlogs. Critics argue that overturning such a long-standing framework through an administrative memo rather than legislation is legally questionable and likely to face immediate challenges in federal court.
Mixed-status families are expected to suffer particularly severe consequences. Since green card processing often takes months or even years, applicants may now be forced to leave behind homes, jobs, spouses and children in the United States while waiting abroad for uncertain periods. The uncertainty is especially acute because it remains unclear whether the new policy will apply retroactively to the more than one million adjustment-of-status applications already pending.
By redefining adjustment of status as a discretionary privilege rather than a widely accessible legal pathway, the Trump administration is erecting significant procedural and geographic barriers to lawful immigration.
