DHS says green card applicants will not automatically be required to leave US

Just a week after the Trump administration signalled a major shift in the process of issuing green cards, the US Department of Homeland Security (DHS) has clarified its position, indicating that the policy may not be as sweeping as initially understood.

Initial statement sparks confusion

The confusion started following a statement from US Citizenship and Immigration Services spokesman Zach Kahler, who suggested that foreign nationals seeking permanent residency would no longer be allowed to remain in the US while their applications were processed. The announcement was widely interpreted as a significant tightening of immigration procedures under President Donald Trump’s broader enforcement agenda.

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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.

"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,” he added.

Adjustment-of-status concerns

The remarks raised concern among immigrants already living in the US, particularly those using the adjustment-of-status pathway. Under existing rules, eligible applicants, often sponsored by employers or close family members, can apply for permanent residency without leaving the US. In 2024, roughly 1.4 million green cards were issued, with many approvals granted through this process.

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However, a recent New York Times report suggests the administration's directive may have been overstated. According to a DHS spokesperson, the guidance was not intended to impose a universal requirement for applicants to leave the country. Instead, immigration officers would retain discretion to determine whether an individual must apply from abroad, a power they have long possessed.

“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.

DHS clarifies scope of policy

Kahler had also later clarified that applicants who provide “an economic benefit or otherwise are in the national interest” could be exempt from having to complete the process overseas.

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The original May 21 memo triggered concern among holders of F-1 student visas, tourist visas and H-1B work visas. While many feared disruptions to their residency plans, reports indicate H-1B holders may remain relatively protected because the visa category permits “dual intent,” allowing individuals to work temporarily in the US while pursuing permanent residency.

Even after the DHS clarification, questions remain about how future green card applications will be handled and whether further changes to the process could follow.