A newly announced immigration policy from the Department of Homeland Security and U.S. Citizenship and Immigration Services is raising alarm among immigration attorneys after federal officials signaled that many immigrants on temporary visas may now be required to leave the United States to complete the green card process abroad.
According to new guidance issued May 22, USCIS officers have been directed to treat Adjustment of Status — the long-standing legal process allowing eligible immigrants to apply for permanent residency while remaining inside the U.S. — as an “extraordinary form of relief” rather than a routine pathway to a green card.
Immigration attorney Akua Poku described the development as a major change in how the federal government intends to handle immigrant visa processing under the Trump administration.
“In practical terms, the Trump administration is telling immigration officers that many people who enter the U.S. on temporary visas such as B visas, F-1 student visas, or other non-immigrant visas should leave the United States to complete their immigrant visa process at a U.S. consulate abroad instead of applying for a green card inside the United States,” Poku said in a video posted online.
For decades, Section 245 of the Immigration and Nationality Act has allowed many immigrants already lawfully present in the country to seek permanent residency through Adjustment of Status without departing the United States.
But under the revised guidance, USCIS says officers must now evaluate such requests on a case-by-case basis using “all relevant factors and information.” The policy reportedly does not clearly define what qualifies as “extraordinary circumstances.”
The change could have sweeping consequences for immigrants currently in the U.S. on student visas, tourist visas, temporary work visas, and other non-immigrant classifications who later become eligible for green cards through marriage, employment sponsorship, or family petitions.
USCIS spokesperson Zach Koehler reportedly stated: “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.”
Immigration advocates warn the shift could create significant legal and logistical risks for applicants who leave the country, including lengthy consular processing delays, visa denials abroad, or triggering bars to reentry for individuals with prior immigration violations.
The administration has framed the policy as part of a broader effort to separate temporary immigration from permanent immigration pathways.
According to attorney Poku, USCIS Director Joseph Edlow said the administration wants to “restore a clear divide between temporary visas and permanent immigration.”
USCIS also stated the policy would allow the agency to redirect resources toward other priorities, including naturalization applications and visas for victims of violent crimes.
The guidance arrives as immigration policy remains one of the most contested legal and political issues in the country, particularly surrounding the scope of executive authority over visa processing and lawful immigration procedures.
Immigration lawyers across the United States are now reviewing how the policy may affect pending and future Adjustment of Status applications, especially for immigrants who entered the country legally and were previously expected to complete the green card process domestically.
