DHS Clarifies Green Card Guidance After Controversial USCIS Directive

On May 22, USCIS announced that most temporary-visa holders seeking permanent residency would have to leave the United States and apply from abroad, except in “extraordinary” cases. DHS responded on May 24, saying the guidance does not create a blanket rule; immigration officers retain case-by-case discretion to decide whether an applicant must remain in the United States while the green-card petition is processed.

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The “adjustment of status” pathway has allowed foreign nationals with legal status—spouses of U.S. citizens, visa holders, refugees, and asylum-seekers—to obtain green cards without leaving the United States for decades. In 2024, the United States issued nearly 1.4 million green cards, about 820,000 through adjustment of status, highlighting the scale of a process that could be affected by a shift away from in-country processing.

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DHS said the clarification does not overhaul the green-card system; officers have always had discretionary authority to require applicants to apply abroad. The department asserted the policy will not prevent any eligible alien from obtaining a green card and that individuals who provide significant economic benefits will continue to merit favorable discretion. DHS added the guidance “will have no noticeable impact on highly qualified applicants and skilled professionals who have followed the law.”

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Immigration lawyers warned that the memo could limit adjustment of status and spark legal challenges. Benjamin Johnson, executive director of the American Immigration Lawyers Association, said the lack of clarity “makes it more difficult to figure out what you’re suing for.” Charles Kuck called the directive a “scare tactic” to deter legal immigration. Business leaders, including Neil Bradley of the U.S. Chamber of Commerce, warned the change could be “incredibly disruptive for employers.”

Newsweek

DHS says most applicants will not be required to leave, yet attorneys Elissa Taub and Angelo Paparelli have reported “conflicting” experiences, with some clients asked to justify why they did not apply from abroad. No criteria identify groups—such as visa overstayers or nationals from countries with greater public-assistance use—that might face heightened scrutiny, leaving the decision largely to individual officers.

Newsweek

• “This was just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis,” — DHS spokesperson

New York Times

• “It does make it more difficult to figure out what you’re suing for when you don’t know what this thing really is,” — Benjamin Johnson, Executive Director, American Immigration Lawyers Association

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• “This is simply an attempt to try to limit and scare people away from the legal immigration process,” — Charles Kuck, Immigration Attorney

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• “incredibly disruptive for employers,” — Neil Bradley, Executive Vice President & Chief Policy Officer, U.S. Chamber of Commerce

Newsweek

The clarification preserves adjustment of status for most applicants while retaining discretionary power that could affect categories seen as economic burdens or security risks. Legal challenges are expected as attorneys test officer discretion. Business groups continue to seek clearer guidance to avoid hiring disruptions. DHS indicated green-card applications will be evaluated individually, with no further policy announcements scheduled.

Newsweek