In a sweeping policy shift, the Trump administration has announced that foreign nationals residing in the United States on temporary visas must return to their home countries if they wish to apply for permanent residency.

The Department of Homeland Security (DHS) framed the directive as an essential measure to reinforce the legal immigration system and close what the administration describes as system "loopholes."

"An alien who is in the US temporarily and wants a Green Card must return to their home country to apply," DHS stated in a post on X. "This policy allows our immigration system to function as the law intended instead of incentivising loopholes."

USCIS Targets "Adjustment of Status"

New guidance issued by U.S. Citizenship and Immigration Services (USCIS) on Friday clarifies that adjusting immigration status from within the U.S. is a discretionary benefit rather than an automatic right. The agency emphasized that the American immigration system is designed around the core expectation that temporary visitors will exit the country once their authorized stay expires.

Under the new memo, immigration officers are instructed to rigorously evaluate permanent residency applications on a case-by-case basis. Personnel must heavily weigh any prior infractions, including:

- Visa violations and overstaying authorized periods of stay

- Unauthorised employment

- Fraud or failure to comply with the original terms of admission

While USCIS acknowledged limited exceptions for "dual intent" visas — which legally allow certain non-immigrants to seek permanent residency while living in the US—the agency clarified that these categories do not guarantee Green Card approval.

Furthermore, the agency stated that processing out-of-country applications will free up resources to tackle existing domestic backlogs.

Backlash from Advocacy Groups

Immigrant rights organizations immediately condemned the policy, warning that it places vulnerable populations in jeopardy by forcing them back to unstable or unsafe conditions while their applications are adjudicated.

HIAS, a non-profit refugee assistance organisation, highlighted that the rule could severely impact trafficking survivors as well as abused or neglected children by compelling them to leave the United States to complete their residency processes.

Part of a Broader Immigration Crackdown

The directive represents the latest executive action by President Donald Trump to restrict long-term residency pathways. It follows a series of aggressive immigration maneuvers over the past year, which included shortening visa durations for international students, cultural exchange visitors, and media professionals.

The administration’s restrictive approach was underscored earlier this year when the State Department confirmed it had revoked more than 100,000 visas since Trump returned to office.