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Trump’s new USCIS rule makes green card process harder for many foreign nationals in the US

The Trump administration's new USCIS policy forces many temporary visa holders to leave the US and apply for green cards from their home countries instead.

By Sarwesh Sri Bardhan

May 23, 2026 04:56 IST

The Trump administration has moved to make green card applications significantly harder for many foreign nationals already in the United States, with US Citizenship and Immigration Services (USCIS) announcing a new policy on Friday, May 22, 2026.

Under the change, most people seeking permanent residency will be required to leave the US and apply from their home countries rather than complete the process from within the country.

The rule is aimed at applicants on temporary, non-immigrant visas and could affect students, tourists, and temporary workers.

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Washington redraws the residency rulebook

The policy focuses on the long-used “adjustment of status” route, which had allowed eligible immigrants already living in the US to apply for a green card without leaving the country.

USCIS has reclassified that route as an “extraordinary form of relief,” meaning it will now be approved only in limited, exceptional cases.

USCIS said an applicant who is “in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances.” USCIS also said the change would prevent the immigration system from encouraging “loopholes.”

A mighty upheaval brews for visa holders

The broader effect could be substantial. The change could upend the lives of hundreds of thousands of people and force them to leave their jobs, families, and communities while applications are processed.

USCIS said the rule includes exemptions for “extraordinary circumstances.” Separately, NDTV quoted the agency saying it was “returning to the original intent of the law” and that applicants must return to their home country except in extraordinary cases.

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Attorneys raise an eyebrow

The development has already drawn concern from immigration observers and attorneys.

The Times of India reported that lawyer Rahul Reddy said the new memo changes how applications will be judged, even though the underlying law has not changed. Experts are waiting for more clarity on how USCIS will implement the policy, while many expect legal challenges. The rule is likely to face court challenges.

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