A week after a US immigration directive sparked concern among visa holders and green card applicants, the Department of Homeland Security (DHS) has clarified that not everyone seeking permanent residency will be required to leave the country and apply from abroad.
The clarification comes after earlier remarks suggested that individuals applying for green cards while staying in the United States would have to return to their home countries during the process.
Earlier statement triggered concern
The debate began after Zach Kahler, spokesperson for US Citizenship and Immigration Services (USCIS), outlined a stricter interpretation of immigration procedures under President Donald Trump's administration.
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“From now on, an alien who is in the US temporarily and wants a green card must return to their home country to apply, except in extraordinary circumstances,” Kahler was quoted as saying in a Bloomberg report.
He further stated: “This policy allows our immigration system to function as the law intended instead of incentivising loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the US illegally after being denied residency.”
The comments led many to believe that the long-standing adjustment of status process would be significantly restricted.
DHS says existing discretion remains
According to a report by The New York Times, DHS has now clarified that the guidance was not intended as a sweeping policy overhaul.
A department spokesperson said immigration officers will continue to determine, on a case-by-case basis, whether an applicant must leave the US and apply from their home country.
“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” the spokesperson was quoted as saying.
Kahler had also previously indicated that individuals who provide “an economic benefit or otherwise are in the national interest” could still be allowed to complete the process from within the United States.
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Impact on visa holders
The May 21 memo had raised alarms among several categories of visa holders, including those on F-1 student visas and tourist visas.
H-1B visa holders were also watching developments closely. Indians make up nearly 70% of all H-1B recipients, making the issue particularly significant for the Indian community.
Reports indicate that H-1B workers may remain relatively protected because the visa operates under the principle of dual intent, allowing individuals to work temporarily in the US while also pursuing permanent residency.
Despite the latest clarification, questions remain about how immigration officers will exercise their discretion in future green card cases and whether applicants could face additional scrutiny during the process.
