Summary of this article
DHS clarified green card applicants can stay during processing without blanket change.
USCIS memo caused confusion but case-by-case discretion remains immigration officers authority.
Adjustment of status remains common route with millions green cards issued yearly.
The US Department of Homeland Security (DHS) has clarified that most green card applicants can stay in the US while their applications are being processed. This comes after an earlier USCIS policy memo caused confusion over the process.
A US Citizenship and Immigration Services release last week said that individuals seeking adjustment of status for a green card should generally complete the process through consular processing outside the US, except in extraordinary circumstances. The release said that non-immigrant visa holders, such as students and temporary workers, are expected to leave the country after their permitted stay, and pursue green card applications from abroad, in line with long-standing immigration law and to improve system efficiency.
However, the DHS later said there has been no blanket policy change, adding that immigration officers already have long-standing discretion to decide on a case-by-case basis whether applicants should complete the process inside the US or abroad.
A DHS spokesperson said in a statement, as reported by the New York Times, that “this move was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.” The spokesperson also referred to individuals who overstay visas or come from countries whose citizens are heavy users of public assistance as groups that could potentially be affected.
According to the report, a senior White House official described the move as a routine administrative step rather than a major change in immigration policy or strategy.
Immigration lawyers have said their clients were asked by USCIS officers in recent interviews, before the clarification, why they were seeking green cards while in the US and whether they could have completed the process from their home countries. Even after the clarification, some uncertainty remains, as authorities have not clearly explained when applicants may be required to leave the US during the green card process.
A large share of green cards are Issued through the adjustment-of-status process, which allows eligible applicants to apply while remaining in the US. This route accounted for about 1.40 million green cards in 2024 with around 820,000 granted under this category.
