The Donald Trump administration will significantly tighten the process for applying for U.S. permanent residency.
Previously, foreigners staying in the United States could pursue a green card locally through "adjustment of status." Going forward, however, applying inside the United States will be allowed only in special circumstances. As a rule, foreigners seeking a U.S. green card must now apply from their home country.
According to U.S. media including the Washington Post (WP), the U.S. Citizenship and Immigration Services (USCIS) on the 22nd (local time) announced a new policy requiring foreigners applying for a U.S. green card to complete the process outside the United States. As part of a hard-line immigration enforcement stance, observers say more applicants could return to their home countries to apply, only to face long waits or be unable to reenter the United States.
Up to now, there have been many cases in which people entered the United States on student or tourist visas, then adjusted status based on marriage to a U.S. citizen, employment, and other reasons to apply for a green card and continue their stay. The Trump administration's new policy is seen as targeting such extensions of stay.
USCIS said that, going forward, green card applications through adjustment of status inside the United States will be permitted only in special circumstances. Jack Kaller, USCIS Spokesperson, said, "Holders of nonimmigrant visas such as students, temporary workers, and travelers visit the United States for specific, short-term purposes," adding, "The U.S. system is designed on the premise that they depart once they complete their purpose of visit." He added, "Their visit to the United States should not become the first step in the green card process." He continued, "From now on, foreigners staying temporarily in the United States who want a green card must, absent special circumstances, return to their home country to apply," adding, "Applying from the home country will reduce the burden of having to find and deport those who remain in the United States unlawfully after their stay is denied."
According to the New York Times (NYT), 1.4 million people received U.S. green cards in 2024. Of these, 820,000 obtained green cards through adjustment of status inside the United States. If the new rules apply, they too, as a rule, will have to apply for green cards from their home countries.
If applications must be filed from the home country, the process is likely to become protracted. Even when applying based on a U.S. citizen spouse or child, applicants may have to live apart from family during the review period. The Wall Street Journal (WSJ) said, "Consular appointments are typically backed up from several months to years," adding, "The new green card application rules could worsen the backlog." WSJ projected that millions could be affected by the new rules.
There could also be cases in which applicants leave the United States to apply for a green card and are then unable to return. WP noted that nationals of countries subject to the Trump administration's travel bans or to suspensions of immigrant visa issuance could, in effect, find reentry to the United States difficult.
Since taking office, the Trump administration has rolled out a series of tough immigration enforcement measures. Last year, it raised the application fee for the H-1B specialty occupation visa to $100,000 (about 150 million won), sharply increasing the barrier to entry.