The Trump administration announced a dramatic change in the process for obtaining the permanent residence in the United StatesMost people applying for a "green card" will no longer be able to complete the process within the country and will have to return to their home country to do so through a U.S. consulate.
The measure could affect hundreds of thousands of immigrants and increase family separations, according to lawyers and immigration experts.
The change was announced this Friday via memorandum from the United States Citizenship and Immigration Services (USCIS).
The new policy instructs immigration officials to enforce the law much more strictly. Section 245(a) of the Immigration and Nationality Act (INA). Under this new interpretation, adjustment of status within the U.S. will no longer be the general rule and will become an exception reserved only for “extraordinary circumstances.”
So far, authorities have not specified what “extraordinary circumstances” would allow them to continue processing applications within the country, nor have they announced an exact date for when the policy would take effect. This lack of clarity has generated confusion among immigration lawyers, many of whom anticipate legal challenges to the policy.
What was it like until now? What is known about who it would affect?
Historically, Section 245(a) has allowed a person who legally entered the United States (i.e., was “inspected and admitted”) to change their temporary status (e.g., a student visa or from tourist) to permanent resident without needing to leave the country, as long as they meet the eligibility requirements.
The new policy would especially affect people married to U.S. citizens, immediate family members, and other immigrants with temporary visas who currently qualify to adjust their status within the country.
As published The New York TimesAccording to data from the Department of Homeland Security, more than 70% of people who obtained a green card through marriage in 2024 used this mechanism.
Severe delays
Experts warn that the measure could cause significant delays due to the already overloaded US consulates abroad. They also fear that many families will be separated for months or even years while awaiting an immigration decision.
“Our consular system is already overwhelmed,” Sarah Pierce, a former USCIS analyst and current director of social policy at the Third Way think tank, told The New York Times. “That means we could see families separated for extended periods.”
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More than half of the green cards were granted to immigrants who are already inside the United States
In 2024, the United States issued approximately 1.4 million green cards. Of those, more than 820,000 were approved for people already in the country through adjustment of status.
The Trump administration defended the measure, arguing that it seeks to close “loopholes” in the immigration system. Zach Kahler, a spokesperson for USCIS, said in a statement that requiring applications to be made from the country of origin will reduce the number of people who remain in the United States after receiving an immigration denial.
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