The US government has issued a new policy meme that fundamentally changes how foreign nationals on temporary visas can apply for permanent residency or a Green Card. Under the new rules, most people must return to their home country to apply, rather than doing so from within the United States.
Now, this changes quite a few things. Previously, many foreign nationals already living in the US on student, tourist or work visas could apply for a Green Card without leaving. This process, known as Adjustment of Status, was widely used and broadly available.
The new policy, issued by US Citizenship and Immigration Services (USCIS), reclassifies AOS as an “extraordinary form of relief”, meaning it will only be approved in limited, exceptional cases.
An alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply.
This policy allows our immigration system to function as the law intended instead of incentivizing loopholes.
The era of abusing our nation’s immigration system is over. https://t.co/ofyEYGPDLC
— Homeland Security (@DHSgov) May 22, 2026
The policy affects anyone in the US on a temporary, non-immigrant visa who was planning to apply for a Green Card, including students, tourists, and temporary workers.
“US Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief,” the release said.
New Rules To Reduce Those Who Stay “Illegally”
USCIS spokesperson Zach Kahler said that the policy restores the “original intent of the law” and said that temporary workers are expected to leave the US after their authorised stay ends.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. 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. This policy allows our immigration system to function as the law intended instead of incentivising loopholes,” he said.
Kahler said that this practice will reduce the need to find and remove those who “slip into the shadows” and stay in the United States “illegally” after being denied residency.
He also said that the process would keep the burden on USCIS and allow the agency to focus on other immigration priorities, including humanitarian cases and naturalisation applications.
Kahler added that routing most cases through US consulates abroad allows USCIS to focus its limited resources on other priorities, including visa applications for victims of violent crime and human trafficking, as well as naturalisation cases.
(With inputs from agencies)