The Trump administration has sought to ease concerns over a recent immigration policy change after critics warned it could force large numbers of green card applicants to leave the United States to complete their residency applications abroad.
Get today's headlines by email ![]()
The clarification follows widespread concern sparked by new guidance issued last week by the U.S. Citizenship and Immigration Services (USCIS), which appeared to significantly narrow the use of a process known as “adjustment of status.” The procedure allows certain immigrants sponsored by family members or employers to apply for permanent residency while remaining in the United States.
Initial Guidance Triggers Alarm
When announcing the policy, USCIS officials indicated that many immigrants seeking green cards would no longer be able to complete the process from within the country. A spokesperson said that individuals in the United States on temporary visas who wanted permanent residency would generally need to return to their home countries and apply through American consulates, except under extraordinary circumstances.
The announcement prompted concern among immigrants, legal experts and business groups. Critics argued that the change could affect hundreds of thousands of applicants and potentially leave some stranded overseas because of travel restrictions and entry limits affecting numerous countries.
Immigration attorneys also warned that requiring applicants to leave the country could introduce significant delays and uncertainty into an already complex immigration system.
DHS Seeks to Clarify Scope
Over the weekend, the Department of Homeland Security (DHS) released a statement portraying the guidance as far less extensive than many had initially understood.
According to DHS, the policy largely reflects existing law and longstanding agency practice. The department stressed that eligible applicants would still be able to obtain green cards and said the guidance would primarily affect individuals deemed not to merit the discretionary benefit of applying from within the United States.
DHS stated that the policy “will not prevent any alien from obtaining a green card” if they properly qualify. It added that some applicants may ultimately be required to complete their cases through the Department of State overseas rather than through USCIS inside the country.
The department also emphasized that highly qualified workers and professionals who comply with immigration rules should not experience significant effects from the change.
Experts See Narrower Interpretation
Lynden Melmed, a former chief counsel at USCIS during the administration of President George W. Bush, said the latest DHS statement appears to narrow the interpretation of the earlier guidance.
Melmed noted that immigration officers have long exercised discretion when determining whether applicants may pursue adjustment of status in the United States, weighing both positive and negative factors in each case.
However, he said the policy is still likely to create additional hurdles for applicants and their attorneys. Those seeking to remain in the country while pursuing permanent residency may need to provide more evidence supporting their eligibility.
Melmed also said the administration’s differing explanations of the policy could create uncertainty among USCIS officers responsible for implementing the guidance.
While the administration has attempted to reassure applicants, he argued that the underlying policy is still likely to slow some legal immigration processes, even if officials are now presenting it in more limited terms.
Adapted by ASEAN Now. Source 31 May 2026
Recommended Comments
Create an account or sign in to comment