The Department of Homeland Security (DHS) has clarified that most immigrants applying for green cards will not be required to leave the United States while their applications are being processed, easing concerns triggered by an earlier announcement that caused widespread confusion.
According to The New York Times, the clarification followed a recent U.S. Citizenship and Immigration Services (USCIS) statement that appeared to suggest applicants for permanent residency might have to return to their home countries and wait for approval abroad, except in “extraordinary” circumstances.
The initial guidance sparked alarm among immigrants, employers, and immigration attorneys, who feared a major shift in long-standing immigration procedures that typically allow applicants to remain in the U.S. while their cases are reviewed.
DHS, however, said on Friday that no sweeping policy change had been introduced. Instead, immigration officers will continue exercising case-by-case discretion on whether certain applicants should complete the process outside the country.
“This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” a DHS spokesperson said in a statement cited by NYT, adding that individuals who overstay visas or come from countries with high use of public assistance could be among those affected.
A senior White House official told The New York Times that the earlier announcement was meant as an administrative clarification rather than a new immigration policy direction.
Immigration lawyers say the confusion has already begun affecting applicants, with some reporting that USCIS officers are questioning whether applicants should be processing their green cards from within the United States or from abroad.
“The public backlash has clearly sent the administration scrambling to clean up its own mess,” Sarah Pierce, a former USCIS official and current head of social policy at Third Way, told NYT.
The earlier statement also drew criticism from business groups, including the U.S. Chamber of Commerce, which warned it could disrupt employers who depend on foreign workers.
Neil Bradley, the Chamber’s executive vice president and chief policy officer, said the proposal as initially understood could be “incredibly disruptive for employers,” even as he supported efforts to curb illegal immigration.
Data shows that about 1.4 million green cards were issued in 2024, with more than 800,000 processed through adjustment of status, a system that allows eligible applicants already in the U.S. to apply for permanent residency.
Experts warn that family-based applicants may be most affected if officers increasingly require overseas processing, especially those who entered on temporary visas and later qualified through marriage or family ties.
“It’s very clear they’re trying to go after that,” Doug Rand, a former senior USCIS official, told NYT. “Because if now suddenly you can’t adjust status, and you have to go home to your home country, joke’s on you, now you’re barred from coming back for 10 years.”
Immigration attorneys also raised concerns for skilled workers on H-1B visas, warning that forcing applicants to process abroad could lead to further delays due to long consular backlogs.
Despite the clarification, uncertainty remains over how officers will apply their discretion in practice, leaving many immigrants anxious about the future of the green card process.
