Full Breakdown
Trump Administration Shifts Green-Card Process to Consular Processing
5/28/2026, 5:10:29 AM
Policy Change Overview
On May 22 2026, U.S. Citizenship and Immigration Services (USCIS) issued a memorandum directing that “an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” The guidance replaces the long-standing adjustment-of-status (AOS) pathway that allowed applicants to complete the process while remaining in the United States.
Background & Context
Since the Immigration and Nationality Act of 1952, eligible non-citizens could file for permanent residence through AOS without leaving the country. The Trump administration framed the new memo as a return to the “original intent of the law,” arguing that the prior practice “incentivized loopholes” and allowed some individuals to remain in the U.S. after denial.
Data & Statistics
USCIS processes more than 1 million green cards each year, with roughly half issued to applicants already residing in the United States. As of 2026, about 1.2 million applications remain pending. The American Immigration Council estimates 1.3 million H-1B visa holders and their families could be affected. The State Department’s travel-ban list covers 75 countries—including Russia, Iran, Brazil, Colombia, and Thailand—where consular processing may be unavailable.
Official Statements & Responses
- USCIS (Zach Kahler): The policy “returns to the original intent of the law” and “reduces the need to find and remove those who slip into the shadows after being denied residency.”
- Department of Homeland Security: The change will have “no noticeable impact on highly qualified applicants and skilled professionals who have followed the law.”
- American Immigration Lawyers Association (AILA): Officers have begun asking new interview questions, such as why applicants did not apply abroad, creating uncertainty for families.
Criticism & Opposition
Immigration attorneys—including Charles Kuck, Shev Dalal-Dheini, and Kevin Miner—describe the memo as a “scare tactic” that could deter lawful immigration. Advocacy group FWD.us warned it will “create chaos and impose massive costs” on long-term residents. Montgomery County Executive Marc Elrich warned of family separations, while Andrew Ng and venture capitalist Nick Davidov said the shift threatens U.S. competitiveness in technology and research. Legal scholars such as Ana Pottratz Acosta argue the guidance may conflict with statutory law, making it vulnerable to litigation.
On-the-Ground Reports
Attorneys reported a surge in client calls immediately after the memo’s release. Flavia Santos Lloyd told clients to “wait and see,” noting a “chilling effect” on pending applications. Some interviewees were asked to submit evidence of financial self-sufficiency, while others reported no new questioning, highlighting inconsistent implementation.
Conflicting Reports & Gaps
The memo does not define “extraordinary circumstances,” leaving it unclear which categories are exempt. USCIS later clarified that H-1B holders “likely” remain eligible for AOS, yet other sources state the exemption is uncertain. Officers’ discretion varies, and guidance on how to handle applicants from countries without U.S. embassies (e.g., Afghanistan) remains absent.
Verbatim Quotes
- “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 U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” — Zach Kahler, USCIS spokesperson
- “This is simply an attempt to try to limit and scare people away from the legal immigration process,” — Charles Kuck, immigration attorney
- “But what we continue to see are policies that make the legal process more difficult, more expensive, more disruptive, and more uncertain for families who are already trying to comply with the law.” — Marc Elrich, Montgomery County Executive
- “will create chaos and impose massive costs on immigrants who have lived and worked legally in the United States for many years” — FWD.us statement
- “is not only illegal, it puts hundreds of thousands of immigrants in limbo,” — Yasser Sanchez, immigration lawyer
- “My concern is that applicants’ experience will depend on what type of application they filed (employment or family-based), where it’s being handled, and who the officer is,” — Elissa Taub, immigration attorney
What’s Next
Legal challenges are expected from AILA, the Cato Institute, and other advocacy groups. USCIS has been contacted for additional clarification, and the Department of Homeland Security has indicated further guidance may be forthcoming. In the interim, immigration counsel advise clients to monitor developments closely before making travel or filing decisions.
