Initially, the Department for Homeland Security (DHS) said anyone applying for a green card must return to their home country, “except in extraordinary circumstances”.
Following widespread confusion and mooted legal challenges, the agency has clarified the policy will not impact high skilled applicants who are regarded as having national security and economic benefits to the US.
While the administration is yet to release an official statement, The PIE News understands the new guidance will not prevent any qualified person being granted permanent residency and has no bearing on existing green card holders or their ability to travel.
It will, however, result in some non-immigrants having to leave the US and apply for a green card at Department of State consular offices abroad rather than with USCIS in the US, as the administration seeks to crackdown on alleged abuse of the system.
According to immigration experts, the new guidance will likely have the largest impact on those applying for green cards through family sponsorship, as they will be the least likely to demonstrate national and economic interests.
In a statement to the New York Times, a DHS spokesperson said the memo was “just a reminder to officers of their discretionary authority” – despite it being issued along with a news release. They added green card adjudication has “always existed on a case-by-case basis”.
This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis
DHS spokesperson
While immigration attorneys agreed USCIS has always had discretion on permanent residency applications, they emphasised the policy of allowing visa holders to remain in the US while applying for a green card is longstanding.
The confusing policy rollout has been met with widespread uncertainty among prospective applicants, their families, and US businesses, with immigration lawyers reporting to The PIE high volumes of students and workers seeking advice.
It is thought stakeholders are waiting to see how the guidance plays out before instigating legal challenges.
Despite DHS appearing to partially walk back the guidance, experts expressed concerns that the initial messaging has already reached USCIS officers.
When the memo was released, former State Department consular officer Duden Freeman told The PIE that while USCIS could not rewrite the law, its goal was likely to influence officers’ thought process as they review applications “effectively giving justification for more discretionary denials”.
“Policy trickles down and influences officer decisions. We are seeing this at USCIS and at the State Department with increased scrutiny across the board,” she added.
Freeman highlighted denials across visa categories, including F-1 refusals climbing from 23% in 2015 to 35% in 2025.
In 2024, roughly 1.4 million green cards were issued, with nearly 60% approved through the adjustment of statement process.
