DHS clarifies green card rule, says most immigrants can remain in US during process

The US Department of Homeland Security (DHS) on Saturday clarified that most immigrants seeking permanent residency will not be required to leave the United States while waiting for their green cards.

The clarification came after a US Citizenship and Immigration Services (USCIS) notice issued last week appeared to indicate that applicants for permanent residency would have to return to their home countries and wait there for approval, except in extraordinary circumstances.

The announcement raised concerns among immigrants, employers and immigration lawyers who feared major disruptions to the existing system.

According to a report by The New York Times, DHS officials said that there has been no blanket change in policy. Instead, immigration officers will continue to have discretion to decide, on a case-by-case basis, whether an applicant should be required to complete the process from outside the country.

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Officials, quoted in the report, said that this authority has long existed and that the recent guidance was intended as a reminder rather than a new policy.

Confusion over scope of policy

The clarification represented a significant shift from the wording of last week's announcement, which many interpreted as a broad requirement for applicants to leave the country.

The rollout reportedly caused confusion not only among immigration lawyers and applicants but also among some officials within the Homeland Security Department.

A senior official said that the guidance was intended as an administrative or housekeeping measure rather than a major change in immigration strategy.

However, uncertainty remains over which applicants could be affected. DHS officials suggested that individuals who overstayed visas or come from countries whose citizens frequently rely on public assistance could face greater scrutiny.

Concerns from immigrants and employers

Immigration lawyers reported that some green card applicants were already being questioned during interviews about why they were applying from within the US and whether they could have applied from their home countries instead.

The guidance has raised concerns among family-sponsored immigrants, many of whom entered the country on temporary visas and later applied for permanent residency after marrying US citizens or obtaining another qualifying relationship. If such applicants were required to leave the country, some could face lengthy re-entry bans because of visa overstays.

The issue has also alarmed businesses that employ highly skilled foreign workers on visas such as H-1B. Many of these workers have waited years for green card approvals and could face additional delays or uncertainty if required to complete the process abroad.

Impact on legal immigration system

According to the report, in 2024, the US granted about 1.4 million green cards. Roughly 820,000 of those were approved through the "adjustment of status" process, which allows eligible applicants to seek permanent residency while living in the country.

Immigration lawyers and business groups argue that any restrictions on this process could make the US less attractive to skilled workers and families seeking legal immigration pathways.