A week after a controversial immigration directive sparked concerns among immigrants, the US Department of Homeland Security (DHS) has clarified that not everyone seeking a green card will have to return to their home country during the application process. The clarification has eased fears surrounding the recently announced US Green Card Policy.
The confusion began after US Citizenship and Immigration Services (USCIS) spokesperson Zach Kahler stated that temporary visa holders seeking permanent residency would generally need to leave the United States and apply from their home countries. The statement was seen as a significant departure from existing immigration practices.
What Did The Earlier Directive Say?
According to reports, the May 21 memo suggested that individuals applying for permanent residency should complete the process abroad, except in extraordinary circumstances. The announcement raised concerns among F-1 student visa holders, tourists and other immigrants currently residing in the United States.
Many feared the move would effectively end the adjustment of status process, a key feature of the existing US Green Card Policy that allows eligible immigrants to apply for green cards while remaining in the country.
DHS Issues Clarification
However, DHS has now said the directive was not intended to be a blanket rule. A spokesperson told The New York Times that immigration officers will continue to decide applications on a case-by-case basis, using authority they have always possessed.
The department stressed that the clarification does not represent a major overhaul of the US Green Card Policy. Instead, it serves as a reminder that officers can determine whether an applicant should remain in the US or complete the process from abroad.
What It Means For Applicants
The clarification is significant because adjustment of status remains one of the most common pathways to permanent residency. In 2024 alone, nearly 1.4 million green cards were reportedly issued, with many beneficiaries applying from within the United States.
Kahler also clarified that applicants who provide economic benefits or serve the national interest may still be allowed to stay in the country while their applications are processed. As a result, the core framework of the US Green Card Policy remains largely intact.
The latest statement is expected to reassure thousands of immigrants who feared immediate changes to green card processing rules under the revised US Green Card Policy. While some applicants may still be asked to return home, DHS says such decisions will continue to depend on individual circumstances and existing legal provisions under the US Green Card Policy.
FAQs
Q: What is the latest update on the US Green Card Policy?
A: DHS has clarified that only some applicants may be required to return to their home countries during the green card process.
Q: Has the US Green Card Policy eliminated adjustment of status?
A: No. Eligible immigrants can still apply for permanent residency from within the United States in many cases.
Q: Who could be affected by the US Green Card Policy changes?
A: Temporary visa holders, including students and tourists seeking permanent residency, may be affected depending on their circumstances.
Q: Why did DHS clarify the US Green Card Policy?
A: The clarification came after widespread concerns that a recent memo would force all green card applicants to leave the United States.
