Full Breakdown
Trump Administration Shifts Green Card Process to Overseas Applications
5/28/2026, 8:27:21 PM
Policy Shift Overview
On May 22 2026, U.S. Citizenship and Immigration Services (USCIS) announced that “adjustment of status” – the process allowing temporary-visa holders to obtain a green card while remaining in the United States – will be granted only in “extraordinary circumstances.” All other applicants must leave the United States and file their immigrant-visa petitions at a U.S. embassy or consulate abroad.
Historical Context of Adjustment of Status
Since the early 1950s, adjustment of status has enabled lawful non-immigrants—spouses of citizens, students, workers, refugees, and others—to become permanent residents without departing the country. The May 2026 memo frames the change as a return to the “original intent of the law” and a correction of a perceived “loophole.”
Key Actors and Agencies
- USCIS – issued the policy memorandum.
- Zach Kahler, USCIS spokesperson – provided the agency’s public justification.
- Department of Homeland Security (DHS) – reiterated that “highly qualified applicants” would be unaffected.
- American Immigration Lawyers Association (AILA) – represents immigration attorneys and challenged the memo’s legality.
- Immigration attorneys – Charles Kuck, Kevin Miner, Flavia Santos Lloyd, Cyrus Mehta, among others, have voiced concerns.
- Legal scholars – Ana Pottratz Acosta (University of Minnesota Law School) and others have critiqued the policy’s statutory basis.
Timeline of Announcement and Immediate Reactions
- May 21 2026 – USCIS releases the internal guidance memo.
- May 22 – Agency issues a public statement; media outlets report the change.
- May 23-24 – Attorneys report a surge of client inquiries; some interviewers begin asking new “why not apply abroad?” questions.
- May 27 – USA TODAY interview clarifies that “economic-benefit” applicants may be exempt.
- Late May – AILA and advocacy groups announce plans to file lawsuits.
Data on Green Card Applications
- Approximately 1 million green cards are issued annually; 54 % (608,260 of 1.17 million FY 2023) were previously obtained from within the United States.
- USCIS backlog: 1.2 million pending applications (2025 data) and 11.65 million cases overall as of September 2025.
- The policy could affect hundreds of thousands of applicants each year.
Potential Impacts on Applicants
Requiring overseas filing may separate families, interrupt studies, and force workers to leave employment. Consular processing may be unavailable for nationals of countries on the administration’s travel-ban list, and employers could face staffing gaps and increased legal costs.
Official Statements & Responses
- Zach Kahler: “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.”
- DHS: The rule will have “no noticeable impact on highly qualified applicants and skilled professionals who have followed the law.”
- AILA: Reversing a decades-old settlement by memo is “legally questionable” and contrary to longstanding court rulings.
Criticism & Opposition
- Charles Kuck called the change “simply an attempt to try to limit and scare people away from the legal immigration process.”
- Ana Pottratz Acosta warned that the memo “contradicts the statute” and is vulnerable to legal challenge.
- Erin Corcoran, Notre Dame professor, said the policy “pushes more people into hiding and actually incentivizes people not to follow the rules.”
On-the-Ground Reports
- Flavia Santos Lloyd reported her phone “ringing off the hook” as clients feared the new rule.
- Applicants at adjustment-of-status interviews were asked why they had not applied abroad, a question previously absent.
- Lawyers described mixed guidance: some cases proceeded unchanged, while others faced heightened scrutiny.
Conflicting Reports & Gaps
- Some sources state H-1B and L-visa holders are likely exempt; others note the memo’s language leaves the exemption unclear.
- DHS asserts minimal impact on skilled workers, yet attorneys report case-by-case variability and no clear definition of “extraordinary circumstances.”
Verbatim Quotes
- “This is simply an attempt to try to limit and scare people away from the legal immigration process,” — Charles Kuck, immigration attorney.
- “temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances.” — Zach Kahler, USCIS spokesperson.
- “This policy does create a lot of confusion,” — Adriel Orozco, senior policy counsel, American Immigration Council.
- “It pushes more people into hiding and it actually incentivizes people not to follow the rules,” — Erin Corcoran, professor, Notre Dame Keough School of Global Affairs.
- “I don’t want everybody to panic,” — Flavia Santos Lloyd, immigration attorney.
- “We are hearing USCIS examiners are now asking questions like, ‘Why are you applying for adjustment? Why couldn’t you have left and applied abroad?’” — Cyrus Mehta, immigration attorney.
What’s Next
AILA and immigrant-rights groups plan to challenge the memo in federal court. USCIS has indicated further guidance will be issued, but the lack of a statutory basis may prompt judicial review. Applicants are advised to seek counsel promptly, as the policy’s final scope remains unsettled.
