USCIS forces green card applicants abroad during processing, sparking legal and business backlash
USCIS mandates green card applicants to leave the country during processing, sparking backlash from advocates and businesses
The U.S. Citizenship and Immigration Services (USCIS) will require foreign nationals seeking permanent residency to apply for green cards from outside the United States, a policy shift announced Friday that could force hundreds of thousands to leave their jobs, families, and communities for months or years. The move, framed as a tightening of discretionary relief, reverses long-standing procedures allowing applicants to adjust their status while remaining in the U.S.
Under the new rule, temporary visa holders—including those on work, student, or tourist visas—must return to their home countries to complete the application process, which USCIS acknowledges can take "months or longer." A USCIS policy memo directs officers to evaluate cases individually but provides no blanket exceptions, leaving applicants vulnerable to prolonged separations. Zach Kahler, a USCIS spokesperson, confirmed the change but declined to specify how many people might be affected, though immigration attorneys estimate the number could exceed 500,000 .
Critics argue the policy will disrupt businesses reliant on skilled foreign workers, particularly in tech and healthcare sectors. The Financial Times reports that industry groups are preparing legal challenges, citing potential violations of due process and economic harm . Advocacy organizations, including the American Immigration Lawyers Association, warn the rule could deter talent from seeking U.S. residency, while families face "unnecessary hardship" under the threat of prolonged separation.
The policy aligns with broader Trump administration efforts to restrict immigration, including a parallel push to strip citizenship from naturalized Americans. The Department of Justice (DOJ) announced this week it is deploying USCIS attorneys to bolster denaturalization investigations, targeting individuals accused of fraud or misrepresentation during the naturalization process . While USCIS claims the measures aim to "uphold the integrity of the immigration system," critics view them as part of a pattern to reduce legal immigration pathways.
The green card policy takes effect immediately, though USCIS has not clarified whether pending applications will be grandfathered. Applicants already in the U.S. must now weigh the risks of leaving—including potential re-entry bans—against the uncertainty of remaining without legal status. The State Department, which will handle overseas applications, has not indicated whether it will expedite processing to mitigate delays.
The move contrasts sharply with immigration reforms in other Western nations. Spain, for example, announced plans this week to legalize over 500,000 undocumented migrants to address labor shortages, underscoring divergent approaches to immigration policy . In the U.S., the policy shift is expected to face legal challenges, with opponents arguing it exceeds USCIS’s regulatory authority and undermines congressional intent.
Articles
US says people seeking green cards must leave the country to apply Applying for a green card can take months or longer, meaning people could be forced to leave their families or jobs whilst the process is ongoing.
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